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Sec. 10-4. Control of dogs and cats.
(a) At large. No person shall permit any dog or cat to be at large in the city at any time. A dog or cat is at large when the animal is on any public street, alley, park or other public grounds, or when otherwise off the premises of the owner or person who has custody of such dog or cat, and not constrained by a leash or otherwise under the immediate control of the owner or the person who has custody of such dog or cat.
(b) Prohibition against animals in public grounds and facilities. No owner or person having control of any dog, cat or other animal shall permit such dog, cat or other animal to enter into or be upon any public park, school grounds, public building or other public grounds, even if such animal is leashed and within the immediate control of the owner or custodian of the animal.
(c) Removal of animal feces. No owner or person having custody of any dog, cat or other animal shall permit such dog, cat or other animal to defecate on any school ground, public street, alley, sidewalk, tree bank, park or any other public grounds or private property within the city, other than the premises of the owner or person having custody of such dog, cat or other animal, unless such feces is immediately removed by the owner or other person having custody of such animal.
(d) Exhibition and amusement. Notwithstanding any restrictions or prohibitions contained in this section, animals of any kind and in any number may be kept for exhibition or amusement purposes, temporarily, by a carnival or circus offering exhibitions within the city limits; however, all animal defecation shall be cleaned up and removed by the owners and/or operators of such circus or carnival.
(e) Exceptions. The provisions of this section shall not be applicable to any guide dog owned or controlled by any visually handicapped person or law enforcement dogs.
(Code 1972, § 9.19)
Sec. 10-5. Dogs and cats, licensing and regulation of.
(a) Required. Every person residing in the city who owns a dog or cat which is more than six months of age on January 1 of any year shall, annually, at the time and in the manner prescribed by law for the payment of personal property taxes, obtain a license for such dog or cat, upon payment of a fee set by the council pursuant to subsection (b) of this section for each neutered male or spayed female and a fee set by the council pursuant to subsection (b) of this section for each unneutered male or unspayed female.
(b) Fees. Such owners shall pay the city treasurer a fee as stated in subsection (a) of this section.
(c) Issuance of license. Upon payment to the city treasurer of the required fee, the treasurer shall issue to such person a license to keep such dog or cat for one year; and such person shall, upon procuring the license, place upon the dog or cat a collar with a tag furnished to him by the city treasurer or the county clerk.
(d) Harboring certain dogs or cats prohibited. No person shall own, harbor or keep any dog or cat which:
(1) Habitually pursues any vehicle upon any public street, alley or highway.
(2) Assaults or attacks any person.
(3) Is vicious. A showing that a dog or cat has bitten, attacked or injured any person shall constitute prima facie showing that such dog or cat is vicious.
(4) Habitually barks, howls or cries to the annoyance of any two or more other persons.
(e) Number of dogs and cats limited. No more than two dogs or three cats shall be kept in any premises, except puppies and kittens not more than six months of age born to one of such dogs or cats and except in licensed kennels, veterinarian hospitals and boarding kennels. Compliance with this subsection shall be the responsibility of the owner or lessee of the premises.
(f) Dog and cat pound.
(1) Confinement of dogs and cats. The police department or any other officer appointed by the council shall apprehend any dog or cat running at large within the city or which does any of the things prohibited under subsection (d) of this section and confine the animal in a suitable dog and cat pound.
(2) Enforcement. The council shall from time to time appoint a qualified officer to apprehend and confine dogs and cats in a pound as provided in this subsection; and such officer shall apprehend and confine dogs and cats as provided in this section and may enforce this section, including the right to commence actions for the collection of any forfeiture imposed by this chapter. Such action shall be brought in the name of the city. Such officer shall be paid such compensation as the council shall determine by resolution.
(3) Disposition of unclaimed dogs or cats. The keeper of the pound shall keep all dogs and cats apprehended as provided in this section for a period of seven days at the dog and cat pound unless sooner claimed by the owner or keeper; and if any dog or cat is not reclaimed by the rightful owner within such time, the dog or cat may be sold for the amount incurred in apprehending, keeping and care for the dog or cat or it may be destroyed in a proper and humane manner.
(4) Owner or keeper to post bail. The owner or keeper of any dog or cat confined shall, in addition to any costs required to be paid under subsection (f)(3) of this section, be required to post bail in the amounts set by the council prior to reclaiming such dog or cat.
(Code 1972, §§ 12.01(7), 12.05(1)--(3), (6)--(8))
