(a)It shall be unlawful for any person to own, possess, keep or harbor a dog six (6) months old and over within the limits of the city without first having obtained a license therefor from the city clerk, and without first fully complying with all the provisions of this article and any and all rules and regulations promulgated and established by the health officer of the city relative to the keeping or harboring of dogs; provided, however, that all persons moving into, with the intention of permanently establishing their residence within, the corporate limits of the city and owning, keeping, harboring or possessing any dog or dogs six (6) months old and over shall apply forthwith to the city clerk for a dog license if the animal has not been licensed for the current year elsewhere in the state. If such animal has been thus licensed, such owner shall register such animal with the city clerk.
(b)The application for a license under this article shall be accompanied with proof that the dog has been vaccinated against rabies by a valid certificate of vaccination for rabies signed by an accredited and licensed veterinarian.
(c)It shall be unlawful for any person to own, possess, shelter, keep, harbor, or maintain more than three (3) dogs that are six (6) months of age or older at or within any one residence, dwelling, or legal property boundary, at any given time.
Exceptions.
(1)This provision shall not apply to duly licensed pet shops, kennels [Zoning Ord. Secs. 1.03 and 7.02(J)], veterinarians, veterinarian hospitals, doggie day cares, and/or boarding facilities.
(2)This provision shall not apply to short-term dog fostering at a residence, dwelling, or legal property boundary under the following conditions:
a.For the purposes of this subsection, “dog fostering” shall mean a situation where a person takes temporary ownership of a dog to provide care and shelter for the dog.
b.No more than two (2) dogs may be fostered at any one time, including in residence, dwelling, or legal property boundaries that already have three (3) dogs licensed under this section.
c.The length any one dog is fostered may not exceed three (3) months at any particular residence, dwelling, or legal property boundary.
d.Under this exception, all dogs at the residence, dwelling, or legal property, including the dogs being fostered, must be licensed under this section at all times.
e.Contact information of the agency that provided the fostered dog, including a contact name and phone number, shall be kept at the residence, dwelling, or legal property boundary and provided if requested by an enforcement official.
(3)This provision shall not apply to short-term dog sitting under the following conditions:
a.For the purposes of this subsection, “dog sitting” shall mean a situation where a dog is temporarily left at a residence, dwelling, or legal property boundary that is different from that of the dog’s owner or different from the address listed on the dog’s license.
b.The period of dog sitting under this exception shall not exceed seven (7) consecutive days.
c.Under this exception, no more than five (5) dogs shall be allowed at any one residence, dwelling, or legal property boundary.
d.Under this exception, the dog being temporarily placed for dog sitting purposes must be licensed under this section.
(d)A person who violates this section shall be subject to the following penalties:
(1)First violation shall be a civil infraction punishable by a fine of $75.00.
(2)Second violation shall be a civil infraction punishable by a fine of $100.00.
(3)Third and subsequent violations shall be a misdemeanor punishable by up to 93 days in jail, a fine of up to $500.00, or a combination of both.
(e)Appeals of any of the regulations of subsection (c) or of any administrative interpretations and decisions from those regulations shall be made to City Council as follows:
(1)Application for appeal. An appeal from the regulations of subsection (c) shall be made by filing with the Council Office a written notice of appeal specifying the grounds of the appeal and the relief sought. If an appeal is being made from an administrative interpretation or decision, application shall be made within 20 calendar days after the decision, ruling, interpretation, notice, or order complained of in the same manner.
An application for appeal shall be based on a claim of one or more of the following:
a.That the true intent of the regulations in subsection (c) have been incorrectly interpreted;
b.That the provisions of subsection (c) do not fully apply;
c.That the requirements of subsection (c) are adequately satisfied by other means; or
d.That the strict application of any requirements of subsection (c) would cause undue hardship;
(2)Scope and procedure of appeal. The appeal procedure is intended to provide limited relief from the requirements of subsection (c) in cases where strict application of a particular requirement shall create an unnecessary hardship. This procedure is intended to address extraordinary, exceptional, or unique situations that were not caused by an act or omission of the applicant. Relief is not to be granted merely on the basis of inconvenience or financial burden.
(3)Other than subsection (c), no other provisions of this section are appealable to Council.
(f)Subsections (c) and (e) shall take effect on April 1, 2024.
(Ord. No. 81-64, § 1, 11-4-81; Ord. No. 13-1407, 8-13-13; Ord. No. 22-1724, 2-8-22; Ord. No. 22- 1777, 10-25-22; Ord. No. 23-1795, 8-22-23)
