(A) For the purpose of this section, a VICIOUS OR DANGEROUS ANIMAL is defined as:
(1) Any animal which constitutes a physical threat to human beings or other domestic animals by virtue of a known or displayed propensity to endanger by pursuing, wounding, or attacking any other domestic animal or human being, whether or not such dangerous animal bears any license tag required by state law. Exceptions - Any animal shall not be deemed dangerous if:
(a) It bites, attacks, or menaces anyone assaulting its owner, or any person or other animal who has tormented or abused it; or
(b) It is otherwise acting in defense of an attack from a person or other animal upon the owner or other person; or
(c) It is protecting or defending its young or other domestic animal.
(2) Any animal trained, owned, or harbored for the purpose, primarily or in part, of animal fighting.
(3) Any animal which has been trained to attack persons independently or upon oral command, excepting animals owned by public law enforcement agencies.
(4) If any animal attacks or injures or attempts to injure any person unprovoked, such conduct is prima facie evidence that the animal is vicious and dangerous.
(5) Likewise, it is prima facie evidence that the animal is vicious and dangerous if any animal has approached and/or chased a human being or domestic animal in such a terrorizing manner as to reasonably require the human being or domestic animal to seek immediate shelter or to require the human being or domestic animal to defend oneself against such attack, or to require an intervening third party to stop the animal from approaching or chasing the human being or domestic animal in such a terrorizing manner. It shall not matter whether the human being or domestic animal sustains any physical injury.
(B) It shall be unlawful for the owner or keeper of a vicious or dangerous animal to permit the animal to go or be taken off the premises of the owner or keeper for any reason other than grooming or veterinary care, to be loose upon the premises of the owner or keeper, or elsewhere at any time. The dog or cat shall be kept at all times either confined within an enclosure from which it cannot escape, or firmly secured by means of a collar and chain or other similar device.
(C) Following are duties and responsibilities of animal owners:
(1) Responsibility of all animal owners. It shall be the duty of every owner of any animal, or anyone having an animal in his possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damages which might result from their animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity.
(2) Parent or guardian liability. In the event the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to insure that all provisions of this section are complied with.
(3) Duty to keep animal under restraint while on owner, possessor, or custodian's property. It shall be the duty of every owner of any animal, or anyone having any animal in his possession or custody, to insure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property limits of its owner, possessor, or custodian, and that it is securely and humanely enclosed within a house, building, fence, pen, or other enclosure out of which it cannot climb, dig, jump or otherwise escape on its own volition. Such enclosure must be securely locked at any time the animal is left unattended, or it must be securely and humanely restrained by chain, cable, and trolley, or other tether of sufficient strength to prevent escape, or it must be on a leash under the control of a competent person,
(4) Additional requirements for precautions that must be taken by owners of vicious or dangerous animals. Whenever outside of its enclosure as provided herein, but is on the owner's property, a vicious or dangerous animal must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent its escape. No vicious or dangerous animal shall be chained, tethered, or otherwise tied to any inanimate object, such as a tree, post, or building outside of its own enclosure as provided herein. Owners of vicious or dangerous animals who maintain their animal out of doors, must have a portion of their property fenced with a perimeter or area fence. Within this perimeter fence, the vicious or dangerous animal must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or fence must have secure sides and a secure top attached to all sides. The sides must either be buried two (2) feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel must be locked.
(5) Duty to keep animal under restraint while off property. It shall be the duty of the owner of any animal or anyone having an animal in his possession to keep the animal under restraint and in control at all times while the animal is off the real property limits of the owner, possessor, or custodian. For purposes of this section, the animal is deemed under control when, it is securely confined within a vehicle parked or in motion, or it is properly confined within a secure enclosure with the permission of the owner of the property where the enclosure is located, or it is securely restrained by a leash or other device held by a competent person.
(6) Additional requirements that must be taken by owners of vicious or dangerous animals. Except when being transported in, and securely confined within, a vehicle, no vicious or dangerous animal shall be permitted off the property of his owner except when it is attended by its owner, and is restrained by a secure collar and leash (not to exceed six (6) feet in length), both collar and leash to be of sufficient strength to prevent escape, and muzzled by sufficient means to prevent its biting other persons or domestic animals.
(D) The following are enforcement of restrictions on vicious and dangerous animals:
(1) In the event that any law enforcement, code enforcement, or animal control officer has probable cause to believe that a vicious or dangerous animal is being harbored in violation of this section, s/he may:
(a) Order the violation immediately corrected and issue a citation to the owner or keeper, or
(b) If the violation cannot be immediately corrected and the animal is posing an imminent serious threat to human beings or other domestic animals, the animal may be seized and impounded, in which case the owner or keeper will be issued a citation for the violation, At the owner's request and expense, such impoundment may be at a veterinarian or licensed kennel of the owner's choosing and at the owners' expense. If the ultimate disposition of the citation is that the animal is not vicious or dangerous as defined, it will be released to the owner. If the ultimate disposition of the citation is vicious or dangerous as defined, the animal will be released to the owner only after payment of any fines, fees and penalties, and upon presentation of proof that the animal will now be kept restrained or confined as specified in this section.
(2) If the owner or keeper of an alleged vicious or dangerous animal fails to either provide proof that the animal will now be kept restrained or confined in compliance with the provisions of this section, or fails to reclaim it after impoundment, and if it cannot be adopted by someone providing proof that it will be kept restrained or confined as specified in this section, it may be humanely euthanized.
(E) Warning signs. All owners, keepers, or harborers of any guard dog or vicious or dangerous animal shall display in a prominent place on their premises, and at each entrance or exit to the area where such animal is confined, a sign easily readable by the public using the words "Beware of Vicious and Dangerous Animal" or "Beware of Vicious and Dangerous Dog".
(F) Complaints.
(1) Any person who has been pursued or attacked by an allegedly vicious or dangerous animal, or anyone on behalf of such person, may make a complaint with the City, charging the owner, possessor, or custodian of such animal with harboring a vicious or dangerous animal. A copy of such complaint shall be transmitted to the appropriate law enforcement, code enforcement, or animal control officer for investigation and action. In the event that the law enforcement, code enforcement, or animal control officer determines that the facts support the complaint that a vicious or dangerous animal is being harbored in violation of this section, s/he may proceed according to § 90.17(D), above.
(2) If a subsequent complaint is filed against the same owner, possessor or guardian for an animal previously determined or found to be a vicious or dangerous animal, and if the ultimate disposition of the subseguent complaint is that the animal is vicious or dangerous as defined, the final order shall reguire the owner, possessor, or guardian of that vicious or dangerous animal to immediately remove the animal from the City or order the animal humanely euthanized.
(G) Other laws and regulations. Nothing in this section shall be construed to limit or prohibit application of any other public law or governmental regulation. Further, nothing in this section shall in any manner limit the civil liability of any owner, possessor, or guardian of any animal to any aggrieved person for damages.
(Ord. 9-85, passed 7-11-85; Am. Ord. 2021-12, passed 9-2-21)