Chapter 2 · Animal Control and Regulation

Article 6. Enforcement; Penalties

Sections 2-601 to 2-605 · 5 sections

2-601 Enforcement of ordinance.

It is made the duty of the animal control officer, or anyone having the authority of animal control officer, including but not limited to law enforcement officers, to enforce the terms and provisions of this article, and the city administrator or the police chief may appoint by and with the consent of the governing body some suitable person to be known as an animal control officer, whose duties it shall be to assist in the enforcement of this article and to work under the immediate supervision and direction of the police department. Anyone having the authority of an animal control officer is given the authority to seize any animal found outside the city limits when he or she has reasonable grounds to believe the animal committed any act within the city which is prohibited by the provisions of this article or which subjects the animal to seizure if found within the city. Any private person may, upon signed complaint, bring charges against any owner of a dog, cat, or other warm-blooded animal for the violation of any of the provisions of this article.

(Ord. 540, Sec. 7)

2-602 Law enforcement canines.

The provisions of this Article shall not apply to law enforcement canines owned, kept and maintained by any commissioned police officer, and certified as trained for law enforcement purposes nor shall the provisions of this Article apply to law enforcement canines brought into the City at the request of the police department for assistance in law enforcement purposes, provided that all law enforcement canines shall be inoculated against rabies as required by Section 2-201.

(Ord. 940, Sec 6)

2-603 General penalties for violations.

A person violating any provision of this Article is guilty of a misdemeanor and shall be punished by a fine of not more than $500 plus any applicable court costs or by imprisonment of not more than six months or both such fine and imprisonment, provided the minimum fine for the following:

Violation	Fine
Violation for Running at Large
1st offense within 12-month period	$50
2nd offense within 12-month period	$100
3rd offense within 12-month period	$200/court appearance
Dog Bite Violations
1st offense within 12-month period	$150/court appearance
2nd offense within 12-month period	$250/court appearance
3rd offense within 12-month period	$500/court appearance
Failure to confine rabies suspect animal	$250/court appearance
Failure to obtain dog license	$50
Failure to vaccinate dog or cat for rabies	$35
No identification tags	$35

(Ord. 940, Sec. 7)

2-604 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof.

(Ord. 540, Sec. 7)

2-605 Restitution.

(a)A defendant convicted of a violation of this Article may be ordered to make full restitution for damages incidental and consequential expenses incurred, which arise out of or are related to the offense, provided that, if more than one animal was involved and the acts or actions of either the animals and/or the owner of both animals were in violation of any Sections of this Chapter, restitution shall not be ordered.

(b)Restitution for a conviction under this Article includes, but is not limited to:

(1)the value of the replacement of an incapacitated or deceased animal, the training of a replacement animal if said animal was a guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and

(2)medical expenses of the animal user, training of the animal user, if said animal was a guide dog or service animal, and compensation for wages or earned income lost by a guide dog or service animal user; and

(3)the value of the replacement or repair of any property damaged or destroyed.

(c)This Article does not affect civil remedies available for conduct punishable under this Article. Restitution paid pursuant to this Article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment.

(Ord. 940, Sec.8)