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HomeMy WebLinkAboutO - Care and Control of Dogs - Untitled iieceivea a 3, 1 .ar r i•ode) • Recorded in•Vol. 316 on page-if"/ • • AN ORDINANCE TO AMEND THE CITY ORDiarington Land Reco , FOR THE CARE AND CONTROL OF D(705a :Y OI �, Margaret A,Picard,City Clerk The Council of the City of South Burlington hereby ordains : 1 . The South Burlington Ordinance for the Care and Control of Dogs adopted May 7 , 1963 and amended June 3, 1968 and June 16 , 1975 , is amended so that the ordinance shall now read in 1 its entirety as follows : Section 1 . Definitions As used in this Ordinance, unless the context otherwise indicates : a. "Dog" shall include both male and female. • b. "Owner" shall include any person or persons,. firm association or corporation owning, keeping,•=or harboring a dog. c. "At large" shall mean off the premises of the owner, and not under the control of the owner, a member of his immediately family, or an agent of the owner either by leash, cord, chain or otherwise within control of such person so that at all times the dog can be prevented from causing any damage, disturbance or annoyance. d. "Enforcement official" when used herein shall mean any constable, police officer and poundkeeper. It shall also include any other individual specifically designated by the City Council to enforce the provisions of this ordinance. f. "Vicious Dog" shall man a dog which causes immediate fear or bodily harm by attack or threatening to attack a person. Section 2 . Disturbance by Noise No person shall keep or harbor any dog which by frequent or long continued noise disturbs the comfort or repose of persons in the vicinity. • Section 3 . Running at Large No person shall permit a dog owned by him or under his keeping or control, to run in a street, park or common, unless such a dog shall be accompanied by the owner or persons have the .keeping or • control thereof . The owner or keeper of the dog shall not allow 1 his dog to run or trespass on other peoples ' property, namely '. lawns, gardens, yards, schoolyards or playgrounds, or any other land used or occupied by any other person. 1 3 Section 4 . Impounding tor Running at Large • a. Any enforcement official may apprehend any dog found running at large contrary to the provisions of this ordinance, and may impound such dog in a municipal pound or other suitable place designated by the City Council . It shall be the duty , of everyenforcement official to apprehend pprehend and impound any dog found running at large contrary to the provisions of this ordinance when an appropriate complaint is lodged with the City Police Department . Prior to apprehending and impounding any dog pursuant to the provisions of this section, an enforcement official shall make a reasonable investigation to determine whether a violation of this ordinance has occurred. b. An "appropriate complaint" shall be deemed to have been made when a person [by telephone] verbally gives the City Police Department a full description of the dog, including breed ( if known) , size, color and other distinguishing features which description must be sufficient for an enforcement official to make a proper identification. If such description is insufficient for proper identification, no dog, shall be impounded. The person who made such complaint shall file in writing with the Police Department a form furnished by the City setting forth his name, address, phone number, description of the dog, and circumstances under which the dog, was believed to be in violation of this ordinance. If no written complaint is filed, the City, at its option, may release the dog and charge the complainant with any impoundment fees or boarding fees which may be due. -� c . The enforcement official upon apprehending and impounding • any dog, shall make a complete registry, entering the breed ( if known) , color and sex of such dog, and whether licensed. If a dog is licensed, the official shall enter the name and address of the owner and the number of the license tag. He shall immediately forward a duplicate registry to the City Clerk to be filed with the dog licenses . Section 5 . Complaints A dog, even though not found running at large by an enforcement official, can be apprehended and impounded for violating the provisions of this ordinance if written complaints from at least two City citizens from different households are received by the Police Department setting -forth the name, address and phone number of the person filing the complaint, a full description of the dog including breed ( if known) , size color and other distinguishing characteristics sufficient for any enforcement official to make proper identification and circumstances under which the dog was believed to be in violation of either Section 2 , 3 or 11 of this ordinance. Prior to apprehending and impounding any dog pursuant to the provisions of this section, an enforcement official shall make a reasonable investigation to determine whether a violation of this ordinance has occurred. • 1 2 t Section 6 . Enforcement of Private Property -An enforcement official in enforcing the provisions of this • ordinance may apprehend a dog found on public or private property, including the property of the dog[ ' s ] owner. However, 411 prior to entering on private property, an enforcement official i shall make a reasonable attempt to obtain permission from the property' s owner or occupant. w Section 7 . Notice to Owner and Redemption Not later than two days after the impounding of any dog, the owner shall be notified, or if the owner [of the dog] is unknown, written notice shall be placed in the area newspaper describing the dog and the place and time of taking. The owner of any dog is so impounded shall reclaim such dog upon payment of the license fees and other charges required under this ordinance. t Section 8 . Disposition of Unclaimed Dogs and Cats It shall be the duty of the poundkeeper to keep all dogs impounded for a period of six ( 6 ) days . If at the expiration of six ( 6 ) days from the date of notice to the owner or the posting of notice such dog shall not have been redeemed, it may be sold, given away or destroyed. Any owner who fails to redeem his dog or does not pay boarding fees, impoundment fees , euthanasia and cremation fees, or any other fees associated with the animal within thirty ( 30) days of initial impoundment shall be assessed all of said fees and charges . The sums owned under this section may be collected in a civil action brought under this section. • Section 9 . Impoundment Fees a. Any dog impounded under the provisions of this ordinance shall be released only on payment of a $25 . 00 impoundment fee; provided, however, that any dog impounded for the second time in any 12-month period, shall be released only on payment of $50 . 00 and if so captured for a third offense in any 12-month period, it shall be released only upon payment of $75 . 00 with an increase of $100 . 00 in such fee for each subsequent offense in a twelve month period. b. In addition to the impounding fees charged herein, there shall be a boarding charge of [$6 .00] $6 . 50 per day or faction thereof during which the dog is impounded. c . The City Council is hereby empowered to increase the impoundment fees and boarding charges provided for in this • section by appropriate resolution. The City Council may make such increases in said fees and charges as they deem appropriate and necessary from time to time. [Section 10 . Dog Bites a. It shall be the duty of every enforcement official to apprehend and impound any dog that has bitten any person APO when an appropriate complaint is lodged with the City Police Department. What constitutes an apprepriate compaint is set 3 ��ry�� forth in Section 4(b) herein. Prior to apprehending and Page /., impounding any dog pursuant to the provisions of this /J section, an enforcement official shall make a reasonable investigation to determine whether the alleged dog bite did, in fact, occur and verify the identification of the dog. ] Section 10. Animal Bites a. It shall be the duty of every enforcement official to apprehend and impound any animal, domestic or wild, that has bitten any person, when an appropriate complaint is lodged with the City Police Department. What constitutes an appropriate complaint is set forth in Section 4(b) herein. Prior to apprehending and impounding any animal pursuant to the provisions of this section, an enforcement official shall make a reasonable investigation to determine whether the alleged animal bite did in fact occur, and to verify the identification of the animal. All verified dog or cat bites shall then be handled in accordance with the provisions of Section 10(b) and (c) . All other animal bites will be referred to a City Enforcement Official or a City Health Officer. b. Any dog or cat apprehended and impounded under this section shall remain in confinement for a period of ten (10) days. If, at the expiration of this ten (10) day confinement, . [a veterinarian or qualified laboratory technician] an enforcement official shall certify [in writing to the City Manager of Chief of Police] that the dog [does not carry a communicable disease] or cat shows no sign of illness, said dog or cat may be released to its owner or keeper upon payment of all costs of confinement, care, impoundment fees, costs of examination of said dog or cat, and license fee, if any. In the event of the death of any dog or cat while confined under this section, the owner or keeper shall pay all costs of confinement, care, impoundment fees, and costs of examination of said dog or cat during the period of confinement. c. Unclaimed dogs or cats shall be disposed of in accordance with the provisions of Section 8, herein. Section 11. Licensing a. No person shall harbor an unlicensed dog contrary to State Statutes. The fee for each dog license shall be $2.00 above the fee required by State Statutes. ] a. All owners of a dog shall be required to annually register . and license the animal in a manner prescribed by the City with the City Clerk's Office. Proof of a current rabies vaccination shall be required for the licensing of any animal. Dog must wear current license tag at all times when off the premises of the owner. b. It shall be the duty of every enforcement official to apprehend and impound any dog found unlicensed in violation this ordinance. 4 c. Any dog impounded pursuant to this section may be released to its owner or keeper when said dog is properly licensed Page with the City and all impoundment fees set forth in Section 9 herein are paid. Unclaimed dogs shall be disposed of in accordance with the provisions of Section 8 herein. Section 12. Enforcement Any person who violates- a provision of this civil ordinance shall be subject to a civil penalty of up to $100 per day for each day that such violation continues. Police Officers of the City of South Burlingon shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Traffic and Municipal Ordinance Bureau a municipal complaint. Section 13. Waiver Fee. a. An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense - $15.00 Second offense - $25.00 Third offense - $37.50 Fourth and Subsequent offenses - $50.00 Offenses shall be counted on a 12-month rolling basis. Section 14. Civil Penalties. An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense - $25.00 Second offense - $50.00 Third offense - $75.00 Fourth and Subsequent offenses - $100.00 Offenses shall be counted on a 12-month rolling basis. Section 15. Other Relief. In addition to the enforcement procedures available before the Traffic and Municipal Ordinance Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, to request revocation of a license by the City Council or to puruse any other remedy authorized by law. Section 16. Animal Waste The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal(s) on public walks, recreation areas, or public or private property. 5 Fags Section 17. Vicious Dog Investigation Upon written complaint by three (3) City residents, of separate households, that a dog is alleged to be vicious, the City Council may hold a hearing on the facts of the complaint and if the dog is found to be vicious make such order as necessary to protect the public. Section [14. ] 18. Severability Any part or provision of this ordinance shall be considered ( ' severable and the invalidity of any part or section will not be held to invalidate any other part or provision of this ordinance. Text to be deleted is shown in brackets. Text to be added is underlined. This ordinance shall take effect upon passage. Dated: OC,-k 01 , 1 q95 S•Ui:U- . CITY OUNCIL Jill"' J. C. o ti,,Ch 'rman ;• haesa i y 00).„It IeZe.'",diH,Ate0jpIV -rt*. i end- OF •- id M. Mac ug 4 in Filed and recorded this day of , 1995. Margaret A. Picard, City Clerk • 6 END OF DOCUMENT