[Ord. No. 1473 §1, 8-15-2001]
As used in this Article, the following terms and phrases shall
be defined as follows:
Any living vertebrate, except a human being, and including
any dog.
Any animal of the canine species, male or female.
If not securely confined to property owned or possessed by
the owner or keeper of the dog, the dog shall be on a leash, harness
or other method of physical restraint or, if not so restrained, shall
be sufficiently trained to remain in the immediate presence and within
fifteen (15) feet of the owner or keeper and obedient to the commands
thereof, so that the dog does not stray or become out of control,
creating a danger to itself, to any other animal, or to the person
or property of others.
Immunized against rabies at the expense of the owner or custodian
by the administration of antirabic virus by a licensed veterinarian.
Any person who owns or assumes responsibility, even temporarily,
for the care, maintenance, custody, control and physical conduct of
the dog. A person assumes responsibility for control and conduct of
a dog when: the dog customarily resides with or can routinely be found
on property inhabited by the person; the person removes the dog from
property where it customarily resides; the person releases it from
a leash, or other method of physical restraint; and/or the person
engages in any other conduct which subjects the dog to the person's
physical control.
Hydrophobia.
[Ord. No. 1136 §420.010, 5-9-1978; Ord. No. 1473 §1, 8-15-2001]
No dog shall be permitted to run at large within the City limits
of the City of Plattsburg. A dog shall be deemed to be running at
large when it is found trespassing on the property of another person,
or is present upon streets or public property outside the immediate
control of the owner or keeper. Violation of this Section shall be
an infraction for which, upon conviction, the following fines shall
be assessed, in addition to any costs or expenses for the care or
impoundment of the dog and applicable court costs:
First (1st) offense: Ten dollars ($10.00).
Second (2nd) offense: Sixty dollars ($60.00).
Third (3rd) and subsequent offenses: One hundred twenty dollars
($120.00).
[1]
Editor's Note: Former Section 205.020, Registration, was repealed
1-14-2021 by Ord. No. 2403.
[Ord. No. 1136 §420.030, 5-9-1978]
Before any dog shall be registered or certificate or tag shall
be issued as above provided, the owner or keeper of said dog shall
present to the said Chief of Police a certificate of immunization
issued and signed by a licensed and registered veterinarian stating
that said dog has been immunized against rabies for the current year,
or that said animal has been permanently immunized against rabies.
[1]
Editor's Note: Former Section 205.040, License Tax, and Section
205.050, When Tax Payable, were repealed 1-14-2021 by Ord. No. 2403.
[Ord. No. 1136 §420.060, 5-9-1978; Ord. No. 1473 §1, 8-15-2001]
A.
Any
duly authorized public health official, law enforcement official,
or animal control officer may impound any dog found within the City
without having an immunization tag or check attached to its collar,
or whenever any dog shall be found running at large within the City
limits. Such officials shall also impound any animal found outside
of the owned or rented property of the owner or custodian of such
animal, or retrieved pursuant to a warrant, when such animal shows
evidence of neglect or abuse. Any dog or animal impounded pursuant
to this Section shall be:
1.
If the owner can be ascertained and the animal is not diseased or
disabled beyond recovery for any useful purpose, held for recovery
by the owner. The owner shall be notified within five (5) business
days of impoundment by phone or by mail of the animal's location and
recovery procedures. The animal shall be held for ten (10) business
days. An animal unclaimed after ten (10) business days may be put
up for adoption or humanely killed;
2.
Placed in the care or custody of a veterinarian, the appropriate
animal control authority or animal shelter. The animal shall not be
disposed of, unless diseased or disabled beyond recovery for any useful
purpose, until after expiration of a minimum of five (5) business
days, during which time the public shall have clear access to inspect
or recover the animal through time periods ordinarily accepted as
usual business hours. After five (5) business days, the animal may
be put up for adoption or humanely killed; or
3.
If diseased or disabled beyond recovery for any useful purpose as
determined by a public health official, law enforcement official,
veterinarian or animal control officer, humanely killed.
B.
The
owner or custodian of an animal impounded pursuant to this Section
shall be liable for reasonable costs for the care, veterinary treatment
and maintenance of the animal. The City shall have a lien against
such animal until the reasonable costs have been paid. The City shall
also be entitled to restitution for such costs for care and maintenance,
which costs may also be assessed against the owner or keeper by the
Municipal Court in addition to any fine for a violation of any provision
of this Chapter.
C.
Whenever
any dog shall be impounded for not having an immunization tag attached
to its collar, the owner or keeper of said dog shall be permitted
to redeem said dog upon presentation to the officer or person in charge
of such place of detention a certificate of immunization and current
immunization tag, together with the payment of all reasonable costs
for the care and maintenance of the dog during its period of detention.
Any person seeking to redeem a dog without presentation of a certificate
of immunization and a current immunization tag shall be given a conditional
release of said dog and shall be issued a uniform summons and complaint,
requiring such person to appear at the next regularly scheduled Municipal
Court. Any person redeeming a dog which has no current immunization
tag shall be guilty of an offense under this Section and shall be
fined an amount not to exceed one hundred dollars ($100.00), in addition
to any other applicable fines, expenses or court costs under this
Chapter, unless said dog shall have been immunized by a regularly
licensed veterinarian and a current and valid immunization tag shall
have been obtained by its owner or keeper following such conditional
release and prior to said court appearance.
D.
The
per diem charge for routine care and maintenance of any dog or animal
impounded under this Section shall be five dollars ($5.00) per day,
in addition to any actual costs incurred for extraordinary care or
veterinary treatment.
E.
The
owner or custodian of any animal killed pursuant to this Section shall
be entitled to recover the actual value of the animal up to but not
to exceed six hundred dollars ($600.00) if the owner or custodian
shows that such killing was unauthorized or unwarranted under this
Section.
F.
Any
payments received under this Section shall be deposited into the City
Treasury to the credit of the General Fund of the City.
[Ord. No. 1136 §420.070, 5-9-1978]
No person shall keep within the City any dog which by loud or
frequent or habitual howling or barking shall annoy or disturb any
family or neighborhood.
[Ord. No. 1136 §420.080, 5-9-1978]
Any person who shall in the City keep or suffer to be kept upon
his premises or under his control any dog or other animal that is
an annoyance or nuisance to any person or is vicious, fierce, dangerous
or likely to harm or injure any person, or shall suffer such dog or
animal to run at large in the City shall be deemed guilty of a misdemeanor.
