§ 6-54. License—Required; exceptions.

(a)

No person shall own, keep, possess or have control over any dog or cat within the city unless such person has a current city license for such dog or cat, provided that a city license shall not be required for:

(1)

Dogs and cats under the age of four (4) months which are confined in a place owned or under the possession of the person having ownership, possession or control of the dog or cat within an enclosure which is sufficient to prevent escape therefrom;

(2)

Dogs or cats owned by, or in the possession or control of persons who are nonresidents of the city, traveling through the city, or temporarily sojourning therein for a period not exceeding sixty (60) days;

(3)

Dogs or cats brought into the city exclusively for the purpose of entry in any bona fide show or exhibition, and which are actually entered in and kept at such show or exhibition;

(4)

Dogs or cats kept for teaching or research purposes by a medical school, veterinary school, licensed hospital or nonprofit university or college providing a degree program;

(5)

Dogs or cats kept for the purposes of medical observation or treatment in veterinary hospitals;

(6)

Dogs or cats kept in the shelter facilities of a humane organization;

(7)

Dogs or cats originally acquired by the person owning, keeping or having possession thereof within the preceding sixty (60) days; or

(8)

Dogs or cats owned by or in custody or under control of persons who have been residents of the city for sixty (60) days or less.

The exceptions provided in the subsections (a)(2) through (a)(8) above, shall not be applicable to any dog or cat which is being kept in any boarding kennel, boarding cattery or other facility which temporarily keeps dogs or cats in consideration of any fee or other compensation. Only exception number (a)(1) above, and exception number (a)(9), below, shall apply to an animal which is being kept in such a facility.

(9)

The dog or cat which is owned by a person who does not reside within the city and:

a.

The animal has been vaccinated for rabies by a veterinarian within the preceding period of three (3) years; and

b.

The animal has a current license as issued by the city, county or other applicable licensing authority governing the licensing of animals in the place where the animal is normally kept by its owner.

In any prosecution under this section, the burden shall be upon the defendant to establish as an affirmative defense that one of the exceptions set out in subsections (a)(1) through (a)(9), above, is applicable.

(b)

No person shall permit any dog or cat on any premises under his ownership, possession or control unless there is a current license issued for such dog or cat; provided, however, it shall be an affirmative defense that the animal is not required to have a license pursuant to any applicable exception listed in subsection (a) above.

(Ord. No. 528-8, § 1, 11-11-13)