Chapter 6.04
DOGS
Sections:
6.04.020 License and rabies immunization required.
6.04.070 Control – Running at large.
6.04.110 Repealed.
6.04.120 Impoundment authorized.
6.04.130 Notice of impoundment.
6.04.140 Redemption of impounded dogs.
6.04.150 Infectious impounded dogs.
6.04.010 Definitions.
As used in Chapter 6.06 OMC and this chapter:
A. “Animal control authority” means any entity acting alone or in concert with other local governmental units for enforcement of animal control laws of the city, county and state, and the shelter and welfare of animals.
B. “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purposes of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer, or other employee whose duties in whole or in part include assignments and involve the seizure and impoundment of any animal.
C. “At large” means any dog or dogs which are found on the streets of the city and upon public property or upon property of persons other than the owner, unless the dog or dogs are accompanied by some person exercising control thereof.
D. “Animal shelter” means any premises so designated by action of the city council.
E. “Dog” means any dog, male or female, neutered, spayed or otherwise, over the age of four months.
F. “Dangerous dog” means any dog that: (1) inflicts severe injury on a human being without provocation on public or private property, (2) kills a domestic animal without provocation while a dog is off of the owner’s property, (3) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks or endangers the safety of humans, or (4) has been previously found to be a dangerous dog by any animal control authority authorized to make such determination, and such determination was upheld on appeal or uncontested by the owner or keeper of such dog.
G. Harboring. The occupant of any premises on which a dog or dogs remain or to which it customarily returns daily for food and care for a period of five days is presumed to be “harboring” the dog within the meaning of this chapter.
H. “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of a dog.
I. “Potentially dangerous dog” means any dog that, when unprovoked: (1) inflicts bites on a human or a domestic animal either on public or private property, or (2) chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of humans or domestic animals.
J. “Proper enclosure of a potentially dangerous dog” means while on the owner’s property, a potentially dangerous dog shall be securely confined indoors or any securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
K. “Severe injury” means any physical injury that results in broken bones or lacerations requiring sutures or cosmetic surgery. (Ord. 1177 § 1.1, 2017; Ord. 551 § 1, 1978)
6.04.020 License and rabies immunization required.
It is unlawful for any person to own, keep or harbor any dog within the city limits unless such a dog is licensed as provided in this chapter. Every owner of a dog within the city limits shall purchase annually from the city clerk-treasurer a dog license, which shall be placed and kept on such dog at all times. The owner, at the time of purchase, shall provide the city clerk-treasurer with the name, phone number and address of the owners, name of dog, sex, color, age and breed of the dog. A numbered receipt and metallic tag will be given to the owner by the city. Each dog kept within the city limits shall be required to be immunized against rabies. As a condition to obtain a license the city clerk-treasurer may require evidence of rabies immunization to be submitted by the owner. (Ord. 551 § 2.01, 1978)
6.04.030 License fee.
The license fee for all dogs shall be as determined in the city’s annual fee schedule as duly adopted by the city council.
No license fee shall be required for the following:
A. Guide dogs for the blind;
B. Dogs honorably discharged from the armed forces of the United States;
C. Dogs in the care, custody and control of nonresidents who are traveling through the city or temporarily staying in the city for a period of time not exceeding 30 days, or dogs temporarily brought into the city for the exclusive purpose of being entered in a dog show or exhibition, provided such dogs are so entered and not kept elsewhere in the city;
D. Dogs used in crime detection or apprehension by public officers;
E. Dogs housed in a duly licensed pet shop prior to sale. (Ord. 1177 § 1.2, 2017; Ord. 662 § 1, 1985; Ord. 551 § 2.02, 1978)
6.04.040 Term of license.
All dog licenses shall be issued for one year beginning with the first day of January in each year. Application for licenses may be made for up to 31 days from the start of the licensing year without penalty, but when application is made after 31 days of the licensing year having elapsed, the applicant shall be assessed a penalty in such amount as established by the city’s annual fee schedule as adopted by the city council, which amount shall be added to and collected with the regular license fee; provided, that if the dog does not become subject to licensing until after the start of the licensing year, no penalty shall be assessed within 30 days after the first day the dog became subject to licensing. (Ord. 1177 § 1.3, 2017; Ord. 662 § 1, 1985; Ord. 551 § 2.03, 1978)
6.04.050 Replacement tags.
In the event that the license tag issued for a dog shall be lost, the owner may have the current license tag replaced upon the payment of such amount as established in the city’s annual fee schedule, as adopted by the city council. (Ord. 1177 § 1.4, 2017; Ord. 551 § 2.04, 1978)
6.04.060 Misuse of tags.
No person shall use for any dog a license receipt or license tag issued for another dog. No person shall use a license tag which is not a current tag. (Ord. 551 § 2.05, 1978)
6.04.070 Control – Running at large.
No dog, licensed or not, shall be at large unless it is at all times under control of its owner or keeper. It is unlawful for the owner or keeper of any dog to permit such dog to run at large within the city limits. (Ord. 551 § 3.01, 1978)
6.04.080 Offenses.
No dog shall be permitted to commit the following offenses on any premises or property, private or public:
A. Bite or charge any person;
B. Destroy private property;
C. Scatter refuse;
D. Chase vehicles;
E. Deposit fecal matter on any property not that of its owner; or
F. Commit any nuisance defined in this chapter or any other city ordinance. (Ord. 551 § 3.02, 1978)
6.04.090 Number of dogs.
It is unlawful for any owner to keep or maintain more than two dogs at any one residence or premises in the city, except at a kennel or boarding place owned or operated by a person duly licensed to practice veterinary medicine in the state. (Ord. 551 § 3.03, 1978)
6.04.100 Nuisances.
It is declared a public nuisance, and it is unlawful, for any person to own or keep any dog within the city which barks, whines or howls, or otherwise behaves in such a manner as to disturb the peace and quiet of persons in the neighborhood. (Ord. 1177 § 1.5, 2017; Ord. 551 § 3.04, 1978)
6.04.110 Dangerous dogs.
Repealed by Ord. 1177. (Ord. 551 § 3.05, 1978)
6.04.120 Impoundment authorized.
The animal control authority and every police officer is authorized to apprehend any dog found running at large and to impound such dog in the city pound or other suitable place. Any animal which is in violation of any section of this chapter, or which is not licensed and tagged, may be seized and impounded. (Ord. 551 § 4.01, 1978)
6.04.130 Notice of impoundment.
Except for impoundment under Chapter 6.06 OMC, not later than 24 hours after the impounding of any dog, the owner shall be notified by regular mail or by telephone or, if the owner of the dog is unknown, written notice shall be posted for 72 hours on the front door of the city hall for public inspection, describing the dog and the place and time of impound. For giving notice to the owner an additional amount shall be added to the impound fee in an amount set forth in the city’s annual fee schedule as adopted by the city council. (Ord. 1177 § 1.6, 2017; Ord. 551 § 4.02, 1978)
6.04.140 Redemption of impounded dogs.
A. Except for impoundment under Chapter 6.06 OMC, any impounded dog may be redeemed by the owner by the payment of an impound fee and boarding fee for each calendar day, whole or part, during which the dog has been confined, including the day on which the dog is first impounded, in such amounts as set forth in the city’s annual fee schedule adopted by the city council. Impound fees and board fees shall not be considered as a part of any civil penalty levied for violation of this chapter.
B. If the dog has no valid license tag, the owner shall also obtain a license tag for the current year. If an impounded dog is not claimed and redeemed within 72 hours after the giving of the last notice as stated in this chapter, then it may be adopted, sold or destroyed by the city. (Ord. 1177 § 1.7, 2017; Ord. 693 § 1, 1987; Ord. 551 § 4.03, 1978)
6.04.150 Infectious impounded dogs.
Any unlicensed dog, or any dog which appears to be suffering from rabies or affected by hydrophobia, mange or other infectious disease, shall not be released from impoundment, but may be forthwith destroyed. (Ord. 551 § 4.04, 1978)
6.04.160 Violation – Penalty.
Any owner or person found violating any provision of this chapter shall be deemed to have committed a Class 3 civil infraction and, upon conviction thereof, shall be assessed a civil penalty of up to $50.00 for any such offense. Each offense, or day that the violation continues, shall be deemed to be a separate civil infraction. (Ord. 1177 § 1.8, 2017; Ord. 551 § 5, 1978)