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Ordinance 257

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Ordinance #257 - Animals Running At Large

An Ordinance amending Chapter 9.03 of the Marion City Ordinances; therefore,

          BE IT ORDAINED by the City of Marion :

          That Chapter 9.03 of the Marion City Ordinances is hereby amended to read as follows:

9.0306    Animals Running at Large Prohibited. No owner of any dog, cat, or other animal held as a domestic pet in the City shall permit such animal to run at large at any time. Any such animal found at large may be impounded as hereinafter provided. Upon impounding, the owner of such animal may at any time within three (3)  working days forty-eight (48) hours after the same shall have been impounded, reclaim the animal by paying the City the sum of Twenty-five and No/100 Dollars ($25.00) plus kenneling costs.

In the event such animal is seized a second time, the owner shall pay the City the sum of Fifty and No/100 Dollars ($50.00) plus kenneling costs to reclaim such animal. If any animal so impounded shall not be reclaimed within ten (10) working days forty-eight (48) hours and all efforts to locate the owner have failed, or in the event the same animal is seized for a third time, the City is authorized to destroy, sell, or otherwise dispose of such animal.  Any dog or cat which does not display the proper tags shall be considered to be an animal running at large.

Any owner allowing their animal to run at large as defined in the provisions of this Section, if convicted, shall be guilty of a Class 2 misdemeanor.  

9.0307    Destruction of Dogs Animals Running at Large.  The Chief of Police is hereby authorized to employ, whenever he deems it necessary, a sufficient number of persons to capture and convey to the dog pound, and care for, kill and dispose of in the manner herein provided, any dog or dogs animal found running at large contrary to the provisions of this section.  All dogs animals captured and conveyed to the dog pound, as established by the City, shall be kept with humane treatment and supplied with sufficient food and water for a period of at least ten (10) days forty-eight (48) hours, unless sooner reclaimed by the owner or keeper thereof as herein provided in Section 9.0306 of this Title.  At the expiration of forty-eight (48) hours ten (10) days from the date of impounding such animal dog, and providing the owner of said dog animal shall fail or refuse to comply with the provisions of this section for the releasing of same, the person in charge of such dog pound may destroy such animal dog and to cause it to be removed and properly buried; provided that the owner of the licensed animals dogs shall have forty-eight (48) hours notice in writing, after the expiration of the first forty-eight (48) hours ten (10) days, before the same may be killed or destroyed.  It shall be the duty of the person in charge of said dog pound, before destroying any animal dog under the provisions of this section, to attempt to sell said animal dog at a private sale to any person who is willing to pay a sum sufficient to reimburse the City for all expenses of keeping said animal dog, including the costs set forth in Section 9.0306 of this Title and the $5.00 licensing fee herein provided.  

The Chief of Police should attempt to notify the owner, if possible, of any animal subject to this section within the forty-eight (48) hour ten (10) day holding period.  The Chief of Police has the discretion to delay the destruction of any animal when he reasonably believes the interests of justice so require.

     

                                                                                    Paul Engbrecht

                                                                                    Mayor

 ATTEST: Kari Muller

     Finance Officer

   

FIRST READING :   April 4, 2005

SECOND READING & ADOPTION:   May 2, 2005

PUBLICATION:   May 11, 2005

EFFECTIVE:  May 31, 2005

 

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