CCP 03-28-1994 - Laserfiche WebLink

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SECTION 5-37. DESTRUCTION OF CERTAIN DOGS. . (a) Upon sworn complaint to the appropriate court that any one of the following facts exist: (1) That any dog at any time has destroyed property or habitually trespasses in a damaging manner on the property of persons other than the owner; (2) That any dog at any time has attacked or bitten a person outside the owner's or custodian's premises; (3) That any dog is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on public streets; or (4) That any dog is a public nuisance as defined in section 5-34 herein; the City shall petition the appropriate court for a summons directing the owner of the dog to appear before the court to show cause why the dog should not be seized by any police officer, or otherwise disposed of in the manner authorized in this part. Such summons shall be returnable not less than six (6) nor more than ten (10) days fro~ the date thereof and shall be served at least ten (10) days before the time of the scheduled appearance. ..""!'!:.a...... (b) Upon such hearing and finding the factS. true '."'is --€::~_., complained of, the court may either order the dog killed or order - the owner or custodian to remove it from the city, or may order the -. owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order, any police officer may impound the dog described in such order. The provisions of this section are in addition to and supplemental to other provisions of this article. (c) Costs of the proceedings specified by this section shall be assessed against the owner or custodian of the dog, if the facts in the complaint are found to be true; or the complainant, if the ~ facts are found to be untrue. SECTION 5-38. MUZZLING PROCLAMATION BY MAYOR. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the mayor shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog running at large during the time fixed in the proclamation shall be killed by the police without notice to the owner. (Ord. No. 198 15, 6-27-77) SECTION 5-39. VIOLATION; PENALTIES. Violations of this article shall be a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed three hundred dollars ($300.00) or imprisonment for a period not to exce.ed ninety (90) . days, or both. The minimum fine for the first offense of a dog shall be twenty-five dollars ($25.00). The minimum fine for any