Sec. 12-66. Definitions.

The following definitions shall be used in construing this ordinance:

(a) "person" shall be defined to include individuals, firms, corporations, organizations or bodies, where applicable.

(b) "dog" shall be used in the singular or plural, as the case may be.

(c) "owner" shall be defined to include a person who owns, keeps or harbors any dog, as the case may be.

(d) "vicious dog" is defined as follows:

1. any individual dog that, when unprovoked, bites or attacks a human being or other animal either on public or private property;

2. Any individual dog found, after a hearing prescribed in Sec. 12-70, which:

(i) has a known propensity, tendency or disposition to attack without provocation, to cause injury, or to otherwise endanger the safety of human beings or domestic animals; or

(ii) is owned or harbored primarily or in part for the purpose of dog fighting or is trained for dog fighting; or (iii) is reported to be a "dangerous dog" upon two (2) occasions.

3. No dog shall be deemed "vicious" if it bites, attacks, or menaces a trespasser on the property of its owner, anyone assaulting its owner, anyone who has tormented or abused it, or is a professionally trained dog used for law enforcement or guard duties." Ord. # 1275 (4/14/97).

(e) “Secure Confinement” means securing the dog or cat in an area from which the dog or cat cannot escape based on the size and breed of the dog or cat, while providing for the humane care of the animal while in confinement. (Ord. #1437, 624-02-Ord #1582, 6-21-10)An underground electric (invisible) fence which prevents a dog or cat from crossing a boundary through wireless electric shock or otherwise shall not be an adequate means to securely confine a dog or cat. (Ord. #1624 – 10-17-12)

(f) “Cat” shall be used in the singular or plural, as the case may be.

(g) “Dwelling Unit” means a residential structure occupied by One (1) or more persons as their household. The yard and other nonresidential real estate areas of the residence shall be part of the dwelling unit.

Sec. 12-67. Number of dogs and cats.

(a) As a matter of public health, no more than three dogs or three cats or any combination thereof totaling more than three shall be kept in any single dwelling unit. The keeping of more than three cats or three dogs or any combination totaling more than three is declared to be a nuisance.

(b) Provided, however, that the above limitation shall not apply to the offspring for a period of (4) four months from the date of birth of the offspring of said dogs or cats, so long as there is not more than one litter per year per dog or cat, and also provided that there shall not be more than one litter at any given time at a single dwelling unit.

(c) The number limitation does not apply to hospitals, clinics and other facilities operated by a licensed veterinarian for the care and treatment of animals. (Ord. #1582, 06-2110)

Sec. 12-68. Running at large.

(a) It shall be unlawful to permit any dog to be upon any public place or upon any private place not owned by the person owning said dog unless said dog is securely muzzled or unless it is on a leash. However, in the event that said dog shall be in the immediate company of its owner then it shall not be necessary that said dog be muzzled or on a leash. Notwithstanding the above provisions, any vicious dog shall be leashed, muzzled or confined in a structure suitable for said dog within the city limits of the City of Henry.

(b) It shall be unlawful to permit any cat to be upon any public place or upon any private place not owned by the person owning said cat unless said cat is upon a leash or in the immediate company of its owner. (Ord. #1582, 06-21-10)

Sec. 12-69. Impounding and disposition of dogs.

It shall be the duty of the pound master or dogcatcher, either or both who shall be appointed by the city council, or any police officer to capture and impound in a pound to be furnished by the city or county, each and every dog found at large without a collar and badge or which is not muzzled, on a leash, or in the immediate company of its owner as hereinabove provided.

(a) The pound master or dogcatcher shall thereupon notify such owner of said dog so taken either orally or in writing, if the name of the owner is ascertained, and if the name of the owner is ascertained, said owner shall be permitted to redeem said dog within two (2) days from the time of said notification by paying all license and other fees upon said dog. Any person seeking to redeem any impounded animal shall pay a fee of sixty-five dollars ($65.00) for the first redemption of an impounded animal; a fee of seventy-five dollars ($75.00) for any second redemption of an impounded animal; and a fee of one hundred dollars ($100.00) shall be paid for any and all redemptions exceeding two (2) or more for any impounded animal kept in either the municipal or county pound. The further sum of two dollars ($2.00) per day shall be paid by the owner for the cost of keeping said dog, plus the cost of advertising if any shall be had, it being expressly provided, however, that this ordinance shall in no way require such advertising as a matter of law.

(b) If the name of the owner of said dog is not ascertained within seven (7) days from the time said dog is impounded or if the name of the owner is ascertained and the owner notified as hereinabove provided but the owner shall not redeem said dog as hereinabove provided, it shall be the duty then of the pound master or dogcatcher to kill and to dispose of, or to have killed and disposed of, such dog. (Ord. #1249, 7-8-96) (Ord. #1461 – 7-23-03)