Chapter 6.04
DOGS
Sections:
6.04.020 License – Application and fee.
6.04.030 License – Information accuracy.
6.04.040 Licensing provisions – Penalty for violation.
6.04.050 Running at large prohibited.
6.04.060 Impoundment – Authorized.
6.04.072 Failure to claim impounded animal.
6.04.080 Running at large – Penalty for violation.
6.04.010 License – Required.
It shall be a violation of this chapter for any person to possess, harbor or maintain a dog within the city limits unless a dog license is obtained as provided in this chapter. The provisions of this section shall not apply to dogs whose owners, as defined in NMC 6.04.015, are temporarily within the city for a period not exceeding 30 calendar days per year. (Ord. 2126 § 1 (Exh. A), 2024)
6.04.015 Definitions.
“Animal control officer” means law enforcement officer or designee.
“Leash” means a restraint device used for controlling an animal.
“Owner” means, as used in this chapter, any person or legal entity having an interest in or right of possession to a dog or any person having control, custody, or possession of any animal, or who harbors, cares for, exercises control over, or permits any dog to remain on premises occupied by him or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. (Ord. 2126 § 1 (Exh. A), 2024)
6.04.020 License – Application and fee.
A. Dog licenses shall be issued by the city clerk/treasurer, deputy clerk/treasurer or accounting clerk on a calendar year basis, and the annual license fee shall be the amount contained in the city’s current fee/penalty schedule for each neutered male dog or spayed female dog. The license(s) shall be issued after the applicant has provided the city with the name and address of the owner, the name of each dog, its gender, breed, and proof of spay or neuter if applicable.
B. Owners shall be required to obtain a renewal license on or before February 28th of each year without penalty. All applications made thereafter, except for newborn dogs or dogs acquired after that date, shall be subject to a late charge as specified in the current fee/penalty resolution; provided, that if such renewal is made past the deadline for reasons outside of the owner’s control, an extension may be granted at the sole discretion of the city administrator.
C. An owner of a newborn dog shall make application for a dog license by six months from the date of birth, or will be subject to the late charge specified in the current fee/penalty resolution. Owners of dogs acquired after February 28th of a given year shall make application for dog licenses within 30 days from the date of acquisition, or will be subject to the late charge specified in the current fee/penalty resolution.
D. For the purpose of ensuring that all dogs are properly identified and licensed by owners living within the city limits, the animal control officer while in the performance of his/her duties is authorized to cause the owner to obtain license at the clerk/treasurer’s office. All dogs, which are required to be licensed, shall wear the tag for identification purposes, and failure to wear the tag is a violation of this chapter.
E. All license fees, but not the licensing requirement, shall be waived for dogs which are actively training or working as service dog for an eligible physical, emotional, or mental health disability, as defined by the Americans with Disabilities Act. (Ord. 2126 § 1 (Exh. A), 2024)
6.04.030 License – Information accuracy.
It is a violation of this chapter for any person, who for the purpose of securing a dog license or the payment of any associated fee, falsely represents that a male dog has been neutered when it has not, or that a female dog has been spayed when it has not, or that the dog is a service dog under NMC 6.04.020. (Ord. 2126 § 1 (Exh. A), 2024)
6.04.040 Licensing provisions – Penalty for violation.
Any violation of the licensing provisions contained in NMC 6.04.010 through 6.04.030 is a civil infraction punishable by monetary penalties. Any person who violates the licensing provisions of this chapter shall be deemed to have committed a Class 2 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. Any person who commits a second or subsequent violation of the licensing provisions of this chapter in a calendar year shall be deemed to have committed a Class 1 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. (Ord. 2126 § 1 (Exh. A), 2024)
6.04.050 Running at large prohibited.
It is a violation of this chapter for any dog to run or remain at large within the corporate limits of the city. For the purpose of this section, “running at large” means to be off the premises of the owner or keeper and not under the proximate and immediate supervision and control of the owner or keeper, or other competent, able and responsible person authorized by the owner or keeper by leash. An animal contained and secured within its owner’s or keeper’s vehicle shall be deemed to be upon the owner’s premises. (Ord. 2126 § 1 (Exh. A), 2024)
6.04.060 Impoundment – Authorized.
All dogs running at large and/or in any way disturbing the peace, health and tranquility of others are declared public nuisances and it shall be the duty of the police chief, or any other appointee designated by the mayor, to restrain and impound all such dogs for a period of up to 72 hours. After the expiration of 72 hours, any unredeemed dog may be placed with a shelter. It shall be the duty of the person impounding any dog to determine the owner of the dog, if possible, and notify the owner that the dog has been impounded. (Ord. 2126 § 1 (Exh. A), 2024)
6.04.070 Impoundment – Fee.
Any person owning a dog which is impounded and who establishes ownership of the dog within 72 hours shall be entitled to return of the dog upon paying both the impound fee as set forth in the city’s current fee schedule and the daily cost of keeping the dog payable at the daily rate set forth in the city’s current fee schedule. The person redeeming the impounded dog must show proof of current license or purchase license if not currently licensed, if required to be licensed under NMC 6.04.010, prior to release from impound. (Ord. 2126 § 1 (Exh. A), 2024)
6.04.072 Failure to claim impounded animal.
Any owner/keeper of an animal that has been impounded by the animal control authority, who fails to claim, retrieve and pay the impound, care or daily board fees for housing in the city kennel when notified to do so, shall be guilty of an infraction punishable by a Class 1 civil infraction as defined by NMC 1.16.030. (Ord. 2126 § 1 (Exh. A), 2024)
6.04.080 Running at large – Penalty for violation.
Any violation of this chapter is a civil infraction punishable by monetary penalties as follows: Any person who violates this chapter shall be deemed to have committed a Class 2 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. Any person who commits a second or subsequent violation of this chapter in a calendar year shall be deemed to have committed a Class 1 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030, not including statutory assessments. (Ord. 2126 § 1 (Exh. A), 2024)