Article 5

ARTICLE 5. GOOD NEIGHBOR PROVISIONS

2-501. DOGS AND CATS RUNNING AT LARGE; PROHIBITED.

(a) It shall be unlawful for any person owning, keeping or harboring any dog or cat to permit, suffer or allow said dog or cat to run at large within the city. For the purpose of this section, any dog or cat shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when found outside of the residence structure of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape.

(b) A legally blind person using a "seeing eye dog" or a deaf person using a "hearing dog" in the customary manner shall be deemed to be in compliance with subsection (a).

(Ord. 892, Art. 5, Sec. 1)

2-502. DOGS AND CATS IN HEAT.

The owner, keeper or person harboring any female dog or cat shall, during the period that such animal is "in heat" (estrus), keep it securely confined and enclosed within a building except when out upon such person’s premises briefly for toilet purposes while on a leash or otherwise effectively physically restrained and under supervision. (Ord. 892, Art. 5, Sec. 2)

2-503. DOGS OR OTHER ANIMALS PUTTING PERSONS IN FEAR.

No person shall own, keep or harbor any dog or other animal, which by jumping upon or threatening persons upon public streets and sidewalks shall cause persons to be put in fear of injury. This section shall apply to animals while being walked on leashes and the unprovoked attack by an animal on a leash upon any person shall constitute an assault or battery by the person holding the leash and failing to prevent an unprovoked attack by such animal. (Ord. 892, Art. 5, Sec. 3)

2-504. EXCESSIVE ANIMAL NOISE.

No person shall own or keep any animal, which by making excessive noise disturbs a neighborhood. The following definitions and conditions shall be specially applicable to enforcement of the aforesaid prohibitions.

(a) Excessive Noise shall mean and include any noise produced by an animal, which is so loud, and continuous or untimely as to disturb a neighbor.

(b) Neighbor shall mean an individual residing in a residence structure which is within 100 yards of the property on which the animal is kept or harbored and who does in writing state that she/he will testify under oath to said animal making excessive noise.

(c) If a General Ordinance Summons is issued charging violation of this section, a subpoena shall also be issued to the neighbor so disturbed to testify in the matter. (Ord. 892, Art. 5, Sec. 4)

2-505. LIMITATION ON NUMBER OF DOGS AND CATS.

(a) After June 1, 2011, it shall be unlawful and a public nuisance for any person in charge of a residence to keep or be allowed to keep two dogs and cats, or any combination of such animals exceeding four in number, over the age of 90 days at such residence unless the residence or all of the dogs and cats kept there are within one or more of the following exceptions:

(1) The property is zoned for a commercial animal establishment.

(2) All of the dogs and cats over 90 days of age kept at the residence are licensed as required under this chapter and the person in charge of the residence upon request of any animal control officer or police officer presents for inspection certificates of registry for all such animals showing continuous licensure for all such animals from date, onward to and including present licensure.

(3) The individual in charge of the residence has a current private breeder permit in the form of a special use permit, in which case the number of animals shall not exceed 25 over the age of 90 days and 25 under the age of 90 days.

(b) When animals in excess of the limit established in the preceding subsection are found at a residence, all of the animals found at the residence may be removed by the permit authority to be handled as if stray animals except that the person in charge of the residence, if present, may designate and retain up to four licensed animals.

(c) By keeping any dog or cat in the city the keeper consents to the limit in subsection (a) of this section and to removal as in subsection (b) of this section.

(Ord. 1317)

2-506. DANGEROUS DOGS.

(a) Confinement. Other than when using a dog as a guard dog or for law enforcement, no other person shall own, keep, harbor or allow to be upon any premises occupied by him or her or under his or her charge or control any dog of a cross, dangerous or ferocious disposition, which shall include, but not be limited to, any dog which has, without provocation, bitten any human within the prior 12 months, without such dog being confined behind a fence from which it cannot escape and being securely chained in such a manner that the animal cannot range within closer than three feet to the property line of the owner, keeper or harborer.

(b) Placarding Premises. When any dog is required by this section to be confined it shall also be required that a conspicuous notice be posted at the place of confinement of such a nature as to warn the public of the nature of the dog therein confined. The notice shall consist of a sign that is at least 12" in width and 12" in length. Said sign shall have lettering which is clearly legible and at least 3" high. The sign shall be constructed of durable material and firmly affixed or anchored to the place of confinement.

(c) Guard Dogs. Any guard dog (for purposes of this chapter herein defined as a dog not owned by a governmental unit which dog is used to guard public or private property) used in the city by virtue of such use is hereby declared to be subject to the license requirements of this chapter; must be vaccinated against rabies, distemper, hepatitis, Ieptospirosis and parvo virus by a licensed veterinarian, whose signed certificate of such will be furnished to the permit authority before such dog is put in service; must be controlled by its keeper and must not be used in a manner which, as determined by the director of the permit authority, endangers individuals not on the premises guarded. Any person operating a guard dog service in the city shall have a special use permit and shall register such business with the permit authority and shall list all premises to be guarded with the permit authority before such service begins.

(d) Violation - Disposition of Dog. Upon conviction of failure to comply with any provision of this section, in addition to the usual judgment of conviction, if it shall appear to the municipal judge that such dog is still living, he/she may order that said dog be humanely killed and direct the permit authority to enforce that order and the police shall assist as may be requested by the permit authority.

(Ord. 892, Art. 5, Sec. 6; Ord. 1317)

2-507. ANIMALS IN GOVERNMENTAL BUILDINGS.

No person except for a blind or deaf person using a trained dog for guidance or a police officer using a dog trained for police work, shall bring any animal into a governmental building except the animal shelter without a specific governmental invitation to bring such animal into such building. Although nothing in this article shall prevent a disabled individual who uses an animal for assistance to bring the animal into any public building. (Ord. 892, Art. 5, Sec. 7)

2-508. ANIMALS IN PARKS.

No animal except a dog or cat properly leashed shall be brought into any municipally owned park except when specifically provided by the park superintendent. Nothing in this article shall prevent an individual who is disabled and relies on an animal for assistance to bring the animal so trained to aid the individual into any municipally owned park. (Ord. 1317; Ord. 1409, Sec. 1)

2-509. RESERVED.

(Ord. 892, Art. 5, Sec. 9; Ord. 1366; Ord. 1409, Sec. 2)