Chapter 6.04
DOGS

Sections:

6.04.010    License – Required.

6.04.015    Owner defined.

6.04.020    License – Application and fee.

6.04.030    License – Information accuracy.

6.04.040    Licensing provisions – Penalty for violation.

6.04.050    Running at large.

6.04.060    Impoundment – Authorized.

6.04.070    Impoundment – Fee.

6.04.072    Failure to claim impounded animal.

6.04.080    Running at large – Penalty for violation.

6.04.010 License – Required.

It shall be a violation of this chapter for any person to possess, harbor or maintain a dog within the city unless a dog license is obtained as provided in this chapter. The provisions of this section shall not apply to dogs whose owners, as defined in NMC 6.04.015, are temporarily within the city for a period not exceeding 30 calendar days per year. (Ord. 928 § 2, 1999)

6.04.015 Owner defined.

“Owner” as used in this chapter, means any person or legal entity having an interest in or right of possession to an animal or any person having control, custody, or possession of any animal, or who harbors, cares for, exercises control over, or permits any animal to remain on premises occupied by him or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. (Ord. 940 § 1, 2000; Ord. 928 § 2, 1999)

6.04.020 License – Application and fee.

A. Dog licenses shall be issued by the city clerk/treasurer, deputy clerk/treasurer or accounting clerk on a calendar year basis, and the annual license fee shall be the amount contained in the city’s current fee/penalty resolution for each neutered male dog or spayed female dog, and shall be the amount contained in the city’s current fee/penalty resolution for all other male and female dogs. The licenses shall be issued after the applicants have provided the city official with the name and address of the owner, the name of the dog, its gender, breed and proof of whether or not it has been neutered or spayed.

B. Owners of dogs within the city limits shall be required to obtain a renewal license on or before February 28th of each year without penalty. All applications made thereafter, except for newborn dogs or dogs acquired after that date, shall be subject to a late charge as specified in the current fee/penalty resolution; provided, that if such renewal is made past the deadline for reasons outside of the owner’s control, an extension may be granted at the sole discretion of the city administrator.

C. The owner of newborn dogs shall make application for a dog license within six months from the date of birth. Owners of dogs acquired during the year shall make application for dog licenses within 30 days from the date of acquisition. Applications made after the expiration date of the allowed period specified in this section for newborn and acquired dogs shall be subject to the late charge specified in the current fee/penalty resolution.

D. The animal control officer shall be responsible for the licensing of dogs, and shall establish a licensing procedure, maintenance of records, and procurement of necessary supplies to accomplish the task.

E. For the purpose of ensuring that all dogs are properly identified and licensed by dog owners living within the city limits, the animal control officer while in the performance of his/her duties is authorized to issue dog licenses and collect fees anywhere within the city limits. All dogs, which are required to be licensed, shall wear the tag for identification purposes, and failure to wear the tag is a violation of this chapter.

F. All fees collected by the animal control officer as authorized by this section shall be remitted to the city clerk/treasurer at the close of each business day.

G. All license fees, but not the licensing requirement, shall be waived for persons who are licensing dogs which are currently certified and actively working as personal guide dogs to the blind or hearing impaired. (Ord. 2097 § 1, 2022; Ord. 1079 § 1, 2011; Ord. 928 § 2, 1999)

6.04.030 License – Information accuracy.

It is a violation of this chapter for any person, who for the purpose of securing a dog license, falsely represents the sex of any dog, that a male dog has been neutered when it has not, or that a female dog has been spayed when it has not. (Ord. 928 § 2, 1999)

6.04.040 Licensing provisions – Penalty for violation.

Any violation of the licensing provisions contained in NMC 6.04.010 through 6.04.030 is a civil infraction punishable by monetary penalties as follows. Any person who violates the licensing provisions of this chapter shall be deemed to have committed a Class 2 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. Any person who commits a second or subsequent violation of the licensing provisions of this chapter in a calendar year shall be deemed to have committed a Class 1 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. (Ord. 2102 § 2, 2022; Ord. 928 § 2, 1999)

6.04.050 Running at large.

It is a violation of this chapter for any dog or dogs to run or remain at large within the corporate limits of the city. For the purpose of this section, “running at large” means to be off the premises of the owner or keeper and not under the proximate and immediate supervision and control of the owner or keeper, or other competent, able and responsible person authorized by the owner or keeper, whether by leash, sign or voice command. An animal contained and secured within its owner’s or keeper’s vehicle shall be deemed to be upon the owner’s premises. (Ord. 1078 § 1, 2011; Ord. 928 § 2, 1999)

6.04.060 Impoundment – Authorized.

All dogs running at large and/or in any way disturbing the peace, health and tranquility of others, are declared public nuisances and it shall be the duty of the police chief, or any other appointee designated by the mayor, to restrain and impound all such dogs for a period of up to 72 hours. After the expiration of 72 hours, any unredeemed dog may be sold, destroyed or otherwise disposed of. It shall be the duty of the person impounding any dog to determine the owner of the dog, if possible, and notify the owner that the dog has been impounded. (Ord. 940 § 1, 2000; Ord. 928 § 2, 1999)

6.04.070 Impoundment – Fee.

Any person owning a dog which is impounded and who establishes ownership of the dog within 72 hours shall be entitled to return of the dog upon paying both the impound fee as set forth in the city’s current fee schedule and the daily cost of keeping the dog payable at the daily rate set forth in the city’s current fee schedule. The person redeeming the impounded dog must show proof of current license, if required to be licensed under NMC 6.04.010, prior to release from impound. (Ord. 2015 § 1, 2015; Ord. 960 § 1, 2002; Ord. 928 § 2, 1999)

6.04.072 Failure to claim impounded animal.

Any owner/keeper of an animal that has been impounded by the animal control authority, who fails to claim, retrieve and pay the impound, care or daily board fees for housing in the city kennel when so notified to do so, shall be guilty of an infraction punishable by a fine of not more than $250.00. (Ord. 960 § 1, 2002)

6.04.080 Running at large – Penalty for violation.

Any violation of this chapter is a civil infraction punishable by monetary penalties as follows. Any person who violates this chapter shall be deemed to have committed a Class 2 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. Any person who commits a second or subsequent violation of this chapter in a calendar year shall be deemed to have committed a civil infraction and shall be assessed a monetary penalty not to exceed $300.00, not including statutory assessments. (Ord. 2102 § 3, 2022; Ord. 940 § 1, 2000; Ord. 928 § 2, 1999)