Chapter 6.08
DOGS

Sections:

6.08.010    Licensing of dogs.

6.08.020    Control of dogs.

6.08.030    Control of dangerous dogs.

6.08.040    Rabies control.

6.08.050    Proclamation to confine all dogs during epidemic.

6.08.060    Impoundment and citations.

6.08.070    Posting notice of impounded dog.

6.08.080    Boarding fee for impounded dogs.

6.08.090    Destruction of impounded dog.

6.08.100    Disposal of dogs.

6.08.110    Reserved.

6.08.120    Interference with investigations.

6.08.130    Penalties for violations.

6.08.010 Licensing of dogs.

A. All dogs over six months old residing in the townsite service area shall be licensed. Application for a license shall be made to the police department or other administrative employee as designated by the manager, and shall state the name and address of the owner or keeper and the name, breed, color, age, and sex of the dog. Upon payment of the license fee, a numbered receipt and a numbered metallic tag for the dog shall be issued to the applicant. Such metallic tag shall be worn by the dog at all times except when confined to the owner’s or keeper’s premises. Requirements for license include:

1. Proof of current, valid rabies certificate; and

2. Proof of current parvovirus and distemper immunizations.

B. A license required by this chapter shall be issued for a term of one year beginning January 1st of each year. All current licenses must be renewed by February 1st of each calendar year.

C. The license fee shall be $15.00 for each neutered male dog or spayed female dog and $30.00 for any other male or female dog over the age of six months. License fees shall be doubled for any dog picked up by the animal control officer that does not have a record of a current license on file. If the dog is licensed, but is not wearing its license, the owner or keeper will be assessed a $10.00 fine in addition to all other applicable fines and fees described in this chapter.

D. A duplicate tag may be issued by the police department for a fee of $2.00 if the original tag has been lost.

E. Dog licenses are not transferable between dogs unless there is a change of ownership of the dog during the license year. A current license may be transferred to the new owner upon payment of a transfer fee of $1.00. (Ord. 19-01-514 § 10; Ord. 04-08-074)

6.08.020 Control of dogs.

It is unlawful for any owner or keeper of a dog to do any of the following within the townsite service area:

A. Permit or allow their dog to be at large.

B. Permit or allow their dog to disturb persons by frequent or prolonged barking, howling, or other noises.

C. Permit or allow their dog to chase, run after, or jump at moving vehicles on public streets.

D. Permit or allow their dog to frequently or habitually growl, snap at, jump upon, or otherwise menace, injure, or frighten another person. Trespassing, provoking the dog, or other violations of the law are excluded from this provision.

E. Permit or allow their dog to chase, harass, or otherwise disturb or injure any deer or moose.

F. Permit or allow their dog’s waste to remain upon any public walkway, sidewalk, trail within the townsite service area, or on private property of another without express permission, and shall be treated as litter pursuant to HBC 8.08.020.

G. Permit or allow their female dog in season to be unconfined or uncontrolled in a building or secure enclosure, or uncontrolled on private premises, or in a veterinary hospital or boarding kennel, in such a manner to allow such female dog to come into contact with another dog except for planned breeding purposes. (Ord. 19-01-514 § 11)

6.08.030 Control of dangerous dogs.

A. It is unlawful to keep a dog known to be or classified by the animal control officer as a dangerous dog, except as allowed in subsection (B) of this section.

B. Upon written complaint of a violation of subsection (A) of this section, signed by two or more persons and filed with the clerk or animal control officer, the animal control officer shall notify the owner or keeper of the dog of the complaint. The owner or keeper will be required to post upon the premises where the dog is kept a legible printed sign bearing the words “Beware of Dog.” The letters on the sign must be not less than three inches high, and the sign must be placed in a conspicuous place where it may be plainly seen by all persons entering upon the premises. The animal control officer may also require the owner or keeper of a dangerous dog, when such dog is permitted outside the house, to securely muzzle and control the dog by a leash or chain or to keep the dog in an enclosure so constructed that a person entering upon the premises may not be subject to attack.

C. Upon the filing of a second complaint of a violation of subsection (A) of this section by two or more persons against an owner or keeper of a dog, the animal control officer shall immediately impound the dog for a period of time as is reasonably necessary to conduct an investigation into the character and propensities of the dog and the grounds of the complaint filed against the owner or keeper of the dog. The animal control officer shall report the officer’s findings to the manager who may thereafter order the imposition of proper precautions or restrictions including, but not limited to, those set out in subsection (B) of this section, and/or instruct the animal control offer to cite the owner or keeper to appear in court and to seek a judicial decree to have the dog destroyed or removed from the townsite service area. (Ord. 19-01-514 § 12)

6.08.040 Rabies control.

A. All dogs over six months of age must have a current rabies certificate signed by a licensed veterinarian. Proof of such immunization is required under HBC 6.08.010 before a dog may be licensed.

B. Every incident of a dog bite shall be promptly reported to the animal control officer by the dog’s owner or keeper or by an adult person who has knowledge of the bite. The dog shall thereafter be securely quarantined under the direction of the animal control officer or a licensed veterinarian. At the discretion of the animal control officer such quarantine may be on the premises of the owner or keeper, at the designated area animal shelter, or at the owner’s or keeper’s option and expense in a veterinarian hospital of choice. In the case of a stray dog, such quarantine shall be at the designated area animal shelter. Quarantine shall be for a period of 14 days.

C. An owner shall immediately surrender a dog which has bitten a human or which is suspected as having been exposed to rabies for supervised quarantine. The expense of the quarantine shall be borne by the owner or keeper. Upon payment of the quarantine fee the surrendered dog may be reclaimed by the owner or keeper if adjudged free of rabies and nondangerous after the supervised quarantine.

D. When a dog under quarantine has been diagnosed as being rabid or is suspected by a licensed veterinarian as being rabid, the dog shall immediately be euthanized and the head of such dog shall be iced and sent intact to the state health officer or a veterinarian designated by the health officer for pathological examination.

E. Upon receiving a positive diagnosis of rabies, the animal control officer may recommend to the mayor a borough-wide quarantine under HBC 6.08.050. Except as otherwise provided by emergency ordinance, if the mayor invokes a quarantine, no animal shall be permitted to be at large during the quarantine.

F. The carcass of a dead animal exposed to rabies shall, upon demand, be surrendered to the designated official.

G. The designated official shall direct the disposition of any animal found to be infected with rabies.

H. It shall be unlawful to fail or refuse to surrender any animal for quarantine or destruction as required by this section when demand is made therefor by the designated official.

I. Unless done in self-defense, it shall be unlawful to kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except as provided in this section. It shall be unlawful to remove such an animal from the borough without permission from the designated official. (Ord. 19-01-514 § 13)

6.08.050 Proclamation to confine all dogs during epidemic.

A. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the mayor shall issue a borough-wide proclamation of quarantine ordering that all dogs be confined securely on the premises of their owner or keeper or muzzled in a manner that renders them incapable of biting. The mayor shall state in the proclamation the period during which it is in effect.

B. In the event there are additional positive cases of rabies occurring during the period of a proclamation issued by the mayor under subsection (A) of this section, that period may be extended by the assembly for such additional time as it considers necessary.

C. No person shall violate a proclamation issued under subsection (A) of this section. Any unmuzzled dog running at large during the period established by the proclamation may be destroyed by the animal control officer or police without notice to the owner or keeper.

D. No dog may be taken or shipped from the borough without written permission of the animal control officer while a proclamation issued under subsection (A) of this section is in effect.

6.08.060 Impoundment and citations.

A. The borough shall provide an animal shelter where dogs may be impounded. In the absence of an animal control officer or firm contracted to enforce the animal control regulations, or if the assembly determines that additional personnel are necessary, the manager may appoint someone on a temporary basis to fulfill the animal control officer’s duties.

B. The animal control officer shall have the authority to impound any dog found running at large or kept in violation of this title. Whether the dog is impounded or not, the police department or animal control officer shall immediately give notice to the owner or keeper that such dog has been impounded, is running at large or is otherwise in violation of this title. The police department or animal control officer may cite the owner or keeper of the dog to appear in court to answer a charge of violation of this title. Any citation issued for a violation of this title shall be processed by the court system in accordance with Chapter 1.24 HBC.

C. Any person may file a complaint with the animal control officer or police that a dog is running at large or is otherwise in violation of this title and it shall be the duty of the animal control officer or police department to give notice to the owner or keeper as provided in subsection (B) of this section.

D. When a dog has been impounded, and if the owner or keeper is known or can be ascertained, the animal control officer or police department shall notify the dog’s owner or keeper of the impoundment as soon as possible and advise how the dog may be redeemed according to the provisions of this title. The animal control officer shall keep a record of all dogs impounded including the dog’s description and the disposition of the dog. (Ord. 19-01-514 § 14; Ord. 15-06-413 § 13)

6.08.070 Posting notice of impounded dog.

If the owner or keeper of a dog seized or impounded is unknown, then it shall be the duty of the animal control officer or the police department immediately to post a description of such dog, in plain view, on the bulletin boards of the borough offices, the public library, and the post office. Such notice shall remain posted for a period of three days and shall contain a statement that such dog has been seized and impounded under this chapter, which chapter shall be specifically cited.

6.08.080 Boarding fee for impounded dogs.

The owner or keeper of a dog impounded under the provisions of this title may redeem their dog upon the payment of the applicable penalty (see HBC 6.08.130) and a daily boarding fee as described by a fee schedule established by the pound. An unlicensed dog that is required to be licensed under this chapter shall not be released from the pound until applicable license fees have been paid. The penalty payable for release of the dog and the boarding fee may be paid to the animal control officer. A receipt shall be issued for the amount paid. (Ord. 19-01-514 § 15)

6.08.090 Destruction of impounded dog.

If, within three days of receipt of notice of impoundment by the owner or keeper of a dog seized or impounded, or of the posting of such notice, the dog is not claimed, or applicable penalties and boarding fees remain unpaid, then it shall be the duty of the animal control officer to have the dog destroyed or otherwise disposed of. (Ord. 19-01-514 § 16)

6.08.100 Disposal of dogs.

Upon the payment of a fee of $40.00 and upon execution of a consent form, including a promise to hold the borough harmless from any liability, a person may request the animal control officer to dispose of a dog owned by that person. The animal control officer may comply with such request or make other disposition of the dog. (Ord. 19-01-514 § 17)

6.08.110 Reserved.

Repealed by Ord. 19-01-514.

6.08.120 Interference with investigations.

To protect the public health and safety, upon a showing of probable cause that a dog is being kept or harbored in violation of HBC 6.08.030(A), 6.08.040(B), (C), (F), (H), or (I), or allowed to be at large unmuzzled in violation of HBC 6.08.050, a law enforcement official may seek a search warrant to enter upon any premises where the suspect dog is being kept or harbored, or to enter upon the premises owned or occupied by the party believed to be harboring or keeping the suspect dog, and to demand the production of the dog and its license for inspection. Upon finding a violation of one or more of the above provisions, or having probable cause to believe one or more of the above provisions have been violated, the law enforcement official shall issue a citation for the violation, notify the animal control officer that the citation has been issued, and, if necessary, assist the animal control officer in taking the responsive action that is authorized and called for under this title to restrain, confine, or quarantine the dog or to otherwise protect the public health and safety. (Ord. 19-01-514 § 19)

6.08.130 Penalties for violations.

A. Any person accused of violating HBC 6.08.030 concerning dangerous dogs, or HBC 6.08.040 or 6.08.050 concerning rabies, shall appear in court and be fined up to $500.00 if the court determines the person committed the offense.

B. Any person violating the provisions of, or failing to comply with, any other section of this chapter commits a minor offense and, unless otherwise specifically provided, shall be fined in the amount set forth in HBC 1.24.040, or if no fine is there established, a fine of not more than $500.00. (Ord. 16-09-443 § 6; Ord. 15-06-413 § 14)