Chapter 6.04


6.04.010    Nuisance declared.

6.04.020    Impoundment.

6.04.030    Notice and redemption.

6.04.040    Destruction and disposition.

6.04.050    Violation—Penalty.

6.04.010 Nuisance declared.

The following are declared to be public nuisances:

A.    Any unrestrained dog menacing or injuring passersby on public thoroughfares or persons legitimately on school grounds, public parks or playgrounds or in public buildings or on private property other than that of the owner of such dog, in such fashion as to arouse reasonable apprehension of imminent bodily harm.

B.    Any dog wandering at large without apparent home, care or supervision.

C.    Any dogs roaming at large in packs of three or more.

D.    Any dog harassing the livestock or poultry of another.

E.    Any dog viciously attacking a domestic animal of another at a place where the victim animal has a right to be.

F.    Any dog harassing a game animal at a location other than upon the property of the owner or person in possession of such dog. (Ord. 44-82 § 1)

6.04.020 Impoundment.

A.    Any dog constituting a public nuisance as described in this chapter may be taken into custody with or without a warrant by any peace officer or humane officer of the county and impounded at a dog shelter in the county and a written report of the circumstances constituting the basis of impoundment shall be filed with the county sheriff’s office.

B.    Any person may file a complaint under oath with the county district court alleging any dog to be a public nuisance whereupon the district court shall issue a warrant directed to the county sheriff or any peace officer or humane officer to impound such dog. (Ord. 44-82 § 2)

6.04.030 Notice and redemption.

A.    Upon the impoundment of any dog as a public nuisance, immediate efforts shall be made by the impounding authority to give written notice of impoundment to the owner or reputed owner. Such notice shall be by personal service, if feasible; otherwise, by certified mail, return receipt requested, to the last known address of such owner.

B.    Subject to Section 6.04.040, the owner may redeem such dog during impoundment by payment to the county of an impoundment fee, plus the standard posted boarding fee, plus the cost of any reasonably necessary veterinarian expense incurred during the period of impoundment. The impoundment fee shall be as follows:

1.    First impoundment, ten dollars;

2.    Second impoundment, twenty-five dollars;

3.    Third impoundment, fifty dollars.

The additional impoundment fee shall apply for impoundments within a one year period. (Ord. 44-82 § 3)

6.04.040 Destruction and disposition.

A.    Upon order of the county district court adjudicating it to be a public nuisance, any unredeemed, impounded dog may be either humanely destroyed or delivered to a person offering to pay the impoundment, board and veterinary charges incurred and to provide the dog a good home, as the court shall order, without notice other than the notice of impoundment after three days following personal service of such notice or after five days following the mailing of such notice or after proof by affidavit of inability to locate the owner or reputed owner of such dog within five days after impoundment.

B.    After five days’ written notice to the owner or reputed owner by personal service or certified mail, return receipt requested, and an opportunity for hearing upon the demand of the owner, the district court may deny the privilege of redemption and order an impounded dog destroyed if the court finds that such dog either has been impounded three times within the preceding twelve months period or constitutes a serious danger to persons or property.

C.    Any dog constituting a public nuisance which a peace officer or humane officer is unable to take into custody for purposes of impoundment or which he is unable to take into custody for purposes of impoundment save at risk of serious bodily harm to himself, may be forthwith destroyed by such officer. (Ord. 44-82 § 4)

6.04.050 Violation—Penalty.

A.    It is unlawful for any person owning or possessing a dog to knowingly permit it to be a public nuisance.

B.    It is unlawful for any person to knowingly interfere with or hinder the impoundment or apprehension for purposes of impoundment of any dog or encourage, direct or incite any dog to resist apprehension of purposes of impoundment.

C.    Any violation of this ordinance shall be a misdemeanor and shall be punished by a fine of not to exceed two hundred fifty dollars or by imprisonment for not more than ninety days. (Ord. 44-82 § 5)