1. “Dangerous animal” means: (i) any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon or causing disease among human beings or domestic animals and having known tendencies as a species to do so; (ii) any animal declared to be dangerous by the Council; and (iii) the following animals, which are deemed to be dangerous animals per se:
A. Badgers, wolverines, weasels and skunks;
B. Raccoons;
C. Scorpions;
D. Any crossbreeds of such animals which have similar characteristics to the animals specified above;
E. Piranhas and sharks;
F. Pit bull terriers, Staffordshire Terriers, American Pitbull Terriers, American Staffordshire Terriers, or any dog which has the appearance and characteristics of being predominately of said breeds.
2. Keeping Prohibited. No person shall keep, shelter or harbor a dangerous animal within the City for any purpose except in the following circumstances:
A. The entry into and display at an approved dog show, while properly confined in a cage or on a leash and personally restrained by a handler or owner of the dog.
B. Animals under the control of a law enforcement or military agency.
3. Regulations for Keeping Dangerous Animals.
A. Every person keeping, sheltering or harboring a dangerous animal as permitted under this section shall at all times keep such animal securely confined with a cage or other enclosure approved by the Animal Control Officer or Mayor.
B. No person owning, keeping, sheltering or harboring a dangerous animal as permitted in this section shall permit or allow such animal to enter upon, be placed in or traverse any public property, park property, public right-of-way, public waterway or lagoon or public sewer system, or any business establishment licensed by the City, or the property of another except when such animal is being transported while caged or confined. (Exception: The owner of a pit bull terrier shall be permitted to walk or exercise his or her pit bull terrier upon property excluded in this paragraph provided such pit bull terrier is secured on a leash of four feet or shorter and is wearing a securely fastened and approved muzzle. Further, the dog shall have a current City license tag and vaccination tag affixed to its collar.
C. It is the duty of the person permitted to keep dangerous animals under Subsection 2 of this section to report to the Taylor County Sheriff’s Office or Mayor when any dangerous animal is found missing.
D. No person shall keep or harbor a dangerous animal which has demonstrated a propensity to attack or bite without provocation.
4. Escape: Prohibition and Duty. No person shall aid or cause any dangerous animal, whether owned by such person or not, to escape confinement or impoundment, whether such confinement or impoundment is upon such person’s property or that of another, by opening any gate, door or window or making any opening of any fence, enclosure or structure or by unleashing or releasing the animal.
5. Seizure, Impoundment and Disposition.
A. In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way, public waterway, lagoon or public sewer system, or the property of someone other than its owner, thereby creating a hazard to persons or property, such animal may, in the discretion of the Animal Control Officer or Mayor, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
B. Upon the complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal on premises in the City in violation of this section, or who keeps a dangerous animal which has demonstrated a propensity to attack or bite without provocation, the Animal Control Officer or Mayor shall cause the matter to be investigated and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous animal in the City, the Animal Control Officer or Mayor shall order the person named in the complaint to safely remove such animal from the City or to destroy the animal within three days of the receipt of such order. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing to the person keeping, sheltering or harboring the dangerous animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal shall not be required where such dangerous animal has previously caused serious physical harm or death to any person, in which case the Animal Control Officer or Mayor shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
C. The order to remove a dangerous animal issued by the Animal Control Officer or Mayor may be appealed to the Council. In order to appeal such order, written notice of appeal must be filed with the Clerk within seven days after receipt of the order contained in the notice to remove the dangerous animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order.
D. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk. The hearing of such appeal shall be scheduled within seven days of the receipt of the notice of appeal. The hearing may be continued for good cause. After such hearing, the Council may affirm or reverse the order of the Animal Control Officer or Mayor. Such determination shall be contained in a written decision and shall be filed with the Clerk within seven days after the hearing or any continued session thereof.
E. If the Council affirms the action of the Animal Control Officer or Mayor, the Council shall order in its written decision that the person owning, sheltering, harboring or keeping such dangerous animal remove such animal from the City or destroy it. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice of removal. If the original order of the Animal Control Officer or Mayor is not appealed and is not complied with within seven days or the order of the Council after appeal is not complied with, the Animal Control Officer or Mayor is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven days. If at the end of the impoundment period, the person against whom the decision and order of the Animal Control Officer, Mayor or Council was issued has not petitioned the District Court for a review of said order, the Animal Control Officer shall cause the animal to be disposed of by sale or destroy such animal in a humane manner. All impoundment fees shall be at the expense of the owner of the dangerous animal, which fees shall be the actual cost of the feeding and care of the animal.