Chapter 6.40
ADMINISTRATION AND ENFORCEMENT
Sections:
6.40.020 Interference with impounding animals.
6.40.030 Impounding animals – Right of entry.
6.40.040 Notice of impounding animals.
6.40.050 Redemption of impounded animal.
6.40.060 Injured or diseased animals.
6.40.070 Dogs and cats – Licenses – Fees.
6.40.090 Kennel license suspension or revocation.
6.40.100 Nuisances – Abatement procedure.
6.40.110 Liability for injury by dogs.
6.40.120 Violation – Misdemeanor, infraction, penalty.
6.40.010 Impounding animals.
All impounding of animals as provided for in this chapter shall be done by the police department or authorized agent of the town. Animals shall be impounded in that pound authorized by the town. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.020 Interference with impounding animals.
It shall be unlawful for any person to interfere with, hinder, delay or impede any officer in the enforcement of the provisions of this title as herein provided. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.030 Impounding animals – Right of entry.
The animal control officer or any other law enforcement officer may, in fresh pursuit, pursue any sick, dangerous or vicious animal running at large onto private property in an attempt to take up and impound said animal. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.040 Notice of impounding animals.
Upon any dog, cat or other animal being impounded under the provisions of this chapter, the impounding authority shall immediately notify the owner, if the owner is known, of the impounding of such dog, cat or other animal, and the terms upon which the animal can be redeemed; if the owner of the dog, cat or other animal so impounded is unknown, then the impounding authority should make all reasonable effort to locate and notify the owner of the impounding of the animal. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.050 Redemption of impounded animal.
Any person owning, keeping or having control of any animal which has been impounded may redeem the same within three working days by paying any unpaid license fee for such animal and paying the town the impounding fee which presently is the sum of $15.00 per cat and $25.00 per dog or other animal. If such animal is not redeemed by the owner within three working days, then it may be redeemed by any individual who complies with the above provisions, and in case such animal is not redeemed, it may be humanely destroyed or otherwise disposed of within the discretion of the impounding authorities. In addition to the fee, the redeemer may pay the sum of $5.00 per day for each day the animal is held, as a boarding charge for caring for or keeping such animal. In addition to the above fees, the person redeeming the animal must post with the clerk of the court the scheduled bail as set by the court for the offense. The owner of any animal euthanized by the town shall be responsible for the cost incurred by the town to destroy the animal. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.060 Injured or diseased animals.
Any dog, cat or other animal suffering from serious injury or disease may be euthanized by the impounding authority; provided, that the impounding authority shall immediately notify the owner, if the owner is known, and if the owner be unknown, make reasonable efforts to locate and notify the owner. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.070 Dogs and cats – Licenses – Fees.
A. License Required. It is unlawful for any person to own, keep or have control of a dog or cat over the age of six months whether confined or not in the town without having a current license tag. All dogs must have a current license tag attached to the collar which is worn by the animal.
B. Fees. The fee per dog or cat for each licensing period shall be as set by resolution. A separate licensing period shall commence every January 1st and terminate every December 31st; provided, the licensing period for any dog or cat attaining the age of six months during any calendar year shall commence on the date the dog or cat becomes six months of age and shall terminate December 31st of the same year.
C. License Not Transferable. Dog and cat licenses as provided for in this section shall be nontransferable. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.080 Kennel licensing.
Application for kennel licenses shall be made to the town clerk and shall be approved by the chief of police prior to issue. Each license application shall reflect the types of animals and the estimated maximum number of animals which shall be kept at the kennel, and shall state the name, address and telephone number of a responsible person or person who will have access to the animals and can be reached in an emergency. Each application shall be accompanied by a license fee as set forth by resolution. Licenses shall expire December 31st of the year in which issued, and shall be renewed upon payment of the license fee for the new annual period. Upon receiving a license, the kennel operator shall purchase a metal license tag for each dog or cat which will be kept in the kennel. It shall be unlawful to allow dogs in kennels to run at large unless such tags are attached to their collar/harness. Following inspection, the application for a kennel license shall be granted or denied. Any interested person may appeal the decision to grant or deny a license to the town council by filing a written notice of appeal within 10 days of the date of written notice of the decision. Following a hearing, the council shall affirm or reverse the decision, or shall remand the matter with instructions to conduct further inspections. Every license shall state on its face the owner and operator of the kennel, the kennel address, and the maximum number of animals which can be kept in the kennel at any one time. This number shall be determined by the inspector or agent who inspected the premises, and can be modified by the inspector or agent from time to time if kennel conditions or facilities change. No license shall be transferred from one licensee to another, nor shall the location of any kennel be changed, without prior permission of the police department or authorized agent. Such change or transfer shall be granted only after appropriate inspections have been conducted. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.090 Kennel license suspension or revocation.
Following a hearing, of which the licensee shall have been given not less than 10 days’ notice, and at which he may appear and present evidence, the town council may temporarily suspend or permanently revoke a kennel license for failure to meet any of the required standards of operation. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.100 Nuisances – Abatement procedure.
A. Violations of the provisions of subsection B of this section are determined to be detrimental to the public health, safety and welfare and are declared to be public nuisances. The animal control authority shall serve upon the owner of such animal a notice that the authority believes that the owner is in violation of town ordinance and will seek a court order requiring the owner to abate the nuisance. Failure to abate such nuisance if such nuisance is found to exist by a court of law shall be deemed a violation of this chapter and, in addition to the penalties provided for violation of this chapter, the animal may be impounded. Service of a notice of abatement shall not be a precondition of other enforcement action if another action is available with this chapter.
B. Violations to Be Abated.
1. Any public nuisance relating to animal control known at common law or by state statute;
2. Any domesticated animal which chases, runs after or jumps at vehicles using the public streets or alleys;
3. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, or other public ways;
4. Any animal which exhibits vicious propensities and which constitutes a danger to the safety of persons or property off of his premises or lawfully on his premises;
5. A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner’s premises not securely leashed, on a line, or confined and in the control of a person of suitable age and discretion to control or restrain such animal;
6. Any domesticated animal which howls, yelps, whines, barks, or makes other oral noises in such a manner as to disturb any person or neighborhood to an unreasonable degree;
7. Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian;
8. Animals running in packs or groups of two or more; and
9. Any animal, which is found to violate any provision of this chapter three or more times within a one-year period. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.110 Liability for injury by dogs.
The owner or keeper of an animal shall be liable to the person injured or property owner injured by such dog arising as a result of the action of the animal and shall pay medical expenses as well as other costs, damages, fees and assessments as are allowed by law. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).
6.40.120 Violation – Misdemeanor, infraction, penalty.
A. Except as provided in EMC 6.40.070 and in subsection C of this section, any person violating any of the provisions of this chapter shall be subject to the general penalty ordinance, EMC 1.12.010; provided, that any person who shall violate the provisions of EMC 6.30.030(A), Animals Running at Large on Public Grounds, where the animal has not caused damage to either person or property, then the offending party, in lieu of a court appearance, is authorized to post and forfeit the following bail amounts:
1. First offense in same calendar year: $65.00;
2. Second offense in same calendar year: $100.00;
3. Third offense and any additional offense in the same calendar year: $250.00 (each infraction).
B. In addition to the bail that is posted, the person committing the infraction must pay to the town the cost of redeeming their dog or cat as set forth in this title.
C. Any person who shall violate provisions of EMC 6.40.070(A) shall be subject to a notice of infraction, with bail amount of $250.00. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2014-05 § 1, 2014; Ord. 2006-14 § 1, 2006; Ord. 2001-12 § 1, 2002).