§ 95.025 DETERMINATION.

   The Municipal Judge shall be empowered to make one of the following determinations as a result of the hearing:

   (A)   The animal is in fact not vicious, dangerous, or diseased, in which event the animal control officer shall cause it to be surrendered to the owner of the animal, upon payment by the owner of the expenses outlined in § 95.023, and upon compliance with §§ 95.035 through 95.037;

   (B)   The animal is in fact vicious, dangerous or diseased and should be destroyed;

   (C)   The animal is vicious, dangerous or diseased, but that for good cause shown the animal should not be destroyed, in which event the Judge shall order one of the following:

      (1)   The animal be immediately removed from the corporate limits of the city and not to ever be again allowed within the corporate limits of the city and that the owner pay all fees required by § 95.023;

      (2)   The owner be allowed to maintain the vicious animal within the corporate limits of the city under the following conditions:

         (a)   Payment of all fees required by § 95.023 and compliance with §§ 95.035 through 95.037;

         (b)   Leash and muzzle; (No person shall permit an animal covered by this section to go outside its kennel or pen unless the animal is securely leashed with a leash no longer than four feet in length. No person shall permit the animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. The animal may not be leashed to inanimate objects such as trees, posts, buildings and the like. In addition, all animals on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.)

         (c)   Confinement; (All animals covered by this section shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. The pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine the animals must be locked with a key or combination lock when the animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house the animals must comply with all zoning and building regulations of the city. All structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

         (d)   Confinement indoors; and/or (No animal covered by this section may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit the building on its own volition. In addition, no animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.)

         (e)   All owners, keepers or harborers of animals covered by this section within the city shall display in a prominent place on their premises a sign easily readable by the public using the words “BEWARE OF VICIOUS ANIMAL.” In addition, a similar sign is required to be posted on the kennel or pen of the animal.

   (D)   All owners whose animal is adjudged to be vicious at the hearing and sentence is imposed by the Municipal Judge pursuant to this section, upon written demand, may appeal the Judge's decision within ten days to the District Court of the county where a trial in the District Court shall be accorded them de novo.

(Prior Code, § 4-114) Penalty, see § 10.99