CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 2. Dogs

(a)   Every owner of any dog over six months of age shall annually register with the City Clerk his or her name and address with the name, sex, and description of each dog owned and kept within the City. It shall be unlawful for the owner of any newly acquired dog or any dog brought into the City to fail to register such animal within 30 days from acquisition or bringing the dog into the City. It shall be unlawful for the owner of any previously registered dog to fail to maintain current registration of such dog.

(b)   Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog over six months of age to fail to maintain effective rabies immunization of such dog.

(c)   The owner or harborer of any dog shall, at the time of registering such dog, present to the City Clerk a certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been spayed, if the dog has been neutered or spayed.

(d)   The City Clerk shall collect an annual registration fee of $3 for each neutered male dog and for each spayed female dog, and $5 for each unneutered male dog and for each unspayed female dog.

(e)   The registration year shall be from January 1st through December 31st of each year. The fee shall be payable before May 1st of each year without penalty.

Every owner or harborer of dog or dogs who shall fail to register the same prior to the 1st day of May of each year shall pay, in addition to the registration fee herein provided, a penalty fee for late registration of $5.

It shall be the duty of the City Clerk, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefore, and shall deliver to the owner or keeper of the dog a certificate in writing, stating that the person has registered the dog and the number by which the dog is registered, and shall also deliver to the owner or keeper of the dog a tag with the registration number and the registration year thereon, which shall be, by the owner or keeper, attached to the collar to be used on the dog so registered. When any tag has become lost during a registration period, the owner of the dog may request a duplicate tag for the remainder of the registration period. When so requested, the City Clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag upon the payment of $1 fee. It shall be unlawful for any person to take off or remove the City registration tag from any dog belonging to another, or remove the strap or collar on which the same is fastened.

It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make or use any false, forged or counterfeited tag or imitation thereof.

It shall be unlawful for the owner of any dog kept within the City to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog within two years, when requested by the animal control officer or any law enforcement officer.

The provisions of this article with respect to registration shall not apply to any dog owned by any person visiting or temporarily remaining within the City for less than 30 days. However, such dogs shall be kept under restraint by the owner thereof at all times.

(a)   It shall be unlawful for the owner or harborer of any dog to permit such dog to run at large within the City at any time;

(b)   Any dog running at large within the City shall be impounded as set out in Section 2-207;

(c)   Upon conviction of the first offense of allowing a dog to run at large, the owner or harborer shall pay a fine of $100 plus the board bill. The owner or harborer shall also be required to purchase a City tag for all dogs owned or harbored if the dogs do not already have one. Upon a second conviction for allowing a dog to run at large, the owner or harborer shall pay a fine of $250 plus the board bill. Upon a third conviction for allowing a dog to run at large, the owner or harborer shall pay a fine of $500 plus the board bill. Upon a third conviction for allowing a dog to run at large, the owner or harborer shall adhere to the following conditions for any dog they own or harbor.

(1)   Leash. Owner shall not allow a dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length.

(2)   Confinement. Each dog shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures erected to house the dog must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(3)   Confinement indoors. No dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(4)   Insurance. The owner of the dog must within thirty (30) days of the third offense provide to the City of Louisburg proof of public liability insurance in a single incident amount of $1,000,000 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. The City of Louisburg shall be named as additionally insured on the policy. The insurance policy will provide that no cancellation will be made unless ten (10) days written notice is first given to the City of Louisburg.

(5)   Identification photographs. The owner must within thirty (30) days of the third offense provide to the City of Louisburg two color photographs clearly showing the color and approximate size of each dog owned or harbored.

(6)   Microchip and tags. The owner must microchip all dogs and provide microchip information to the City of Louisburg. The owner shall be responsible for all costs associated with the identification requirements.

(7)   Failure to comply. Failure to adhere to the above requirements after a third conviction shall result in a fine of $750 for each incident of non-compliance.

(8)   This list of requirements must be maintained for a period of five (5) years without further conviction.

(d)   Upon a fourth conviction of allowing a dog to run at large, the owner or harborer shall pay a fine of $1,000 plus the board bill. The owner or harborer shall no longer be allowed to have any dog within the city limits for a period of five (5) years from the date of conviction. The owner shall provide proof of death, transfer, sale, or relocation of the dog within thirty (30) days of conviction.

(Ord. 1193)

(a)   Any dog found in violation of the provisions of this article shall be subject to impoundment by the City.

(b)   A record of all dogs impounded shall be kept by the City containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment.

(c)   If the dog impounded has a current registration tag attached to its collar or if the impounding officer knows the identity of the dog’s owner, the owner of such dog, as shown by the records of the City Clerk shall be notified in writing as soon as possible or at least 24 hours before such dog is disposed of by destruction or sale. If, at the end of five days, the owner of the dog is not located, or upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.

(d)   If the dog impounded has no current registration tag and the identity of the animal’s owner is unknown to the animal control officer or the impounding law enforcement officer then such impounding officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code. If within three full business days the owner does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of.

(e)   If at any time before the sale or destruction of any dog impounded under the provisions of this article, the owner of an impounded dog does appear and redeem the dog, it shall be turned over to the person claiming it upon payment of any impoundment fees or penalties plus the actual costs of impoundment, and upon compliance with the registration provisions of this article. This subsection shall not apply to any dog alleged as being vicious under section 2-115 or suspected of rabies under section 2-119 of this code.

(f)   Any dog impounded may not be released without a current rabies vaccination.

(g)   Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this article for violation of any of the provisions thereof, nor shall impoundment be a defense in any prosecution commenced hereunder.

(h)   The redemption of any dog impounded for a violation of any provision of this chapter shall be prima facia evidence of the violation of such provision by the person redeeming the dog.

If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-207 thereof, the animal control officer, any authorized law enforcement officer, any authorized veterinarian, or any duly authorized pound personnel may destroy such dog or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year.

Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or dogs may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined or any such animal that is creating a neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.

Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants of the City, he or she shall issue an order requiring all dogs kept within the City to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals. Such order shall be published in the official newspaper of the City for such period of time as the mayor may deem necessary.