(A) No person shall own or harbor a vicious animal within the city; such an animal shall be impounded as a public nuisance.
(B) If impoundment of said vicious animal is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a vicious animal from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given 24 hours' notice that if said animal is not surrendered to the Animal Control Center for impoundment, within said 24 hour period, then the animal will be destroyed wherever it is found. After this notice, the vicious animal may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this section may be verbal or in writing. A written notice left at the entrance to the premises where the vicious animal is harbored will be considered valid notice under this section.
(C) VICIOUS ANIMAL is defined as:
(1) Any animal that when provoked, inflicts severe injury or death to a person, or bites or attacks a person on public or private property: or
(2) Any animal that has killed or severely injured a domestic animal without provocation while off the owner's property.
(D) Declaration of a vicious animal.
(1) An animal is automatically declared to be a vicious animal under the above definitions.
(2) An animal control officer may declare an animal to be vicious with evidence under above divisions.
(E) Other definitions.MAY BE VICIOUS or POTENTIALLY DANGEROUS ANIMAL mean:
(1) Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in an apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person: or
(2) Any individual animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals.
(F) Declaration of a potentially dangerous animal can be defined under the above definitions and an animal control officer may declare animal to be potentially dangerous with evidence.
(G) The animal control officer may order the owner of any dangerous animal to immediately and permanently remove the animal from the city limits. If so ordered, the animal shall be removed immediately following receipt of the order, even if the order is appealed.
(H) If the animal control officer finds that an animal is a dangerous animal, but further finds that, under the circumstances of the case, it is appropriate to allow the animal to remain in the city conditioned on the animal owner's compliance with division (K) below, which will ensure the safety, pace and repose of residents, the animal control officer may so order.
(I) The owner may appeal in writing an order issued under this section to the Municipal Court of the city within ten days of the date of the order. The Municipal Court may affirm or reverse the order of the animal control officer; or, in cases in which the animal control officer has ordered the animal removed from the city, the Municipal Court may, if the Municipal Court finds it appropriate under the circumstances, modify the order to allow the animal to remain in the city conditioned on the animal owner's compliance with division (K) below, which will ensure the safety, peace and repose of residents. If the Municipal Court affirms the order of the animal control officer to remove the animal, the owner is prohibited from bringing the animal back or allowing it to be brought back inside the city limits.
(J) If the Municipal Court upholds the determination of vicious animal, the Court shall order the animal to be euthanized.
(K) If the Municipal Court finds the animal not vicious but potentially dangerous, the animal shall be returned to the owner provided all requirements are met and costs are reimbursed to the city for boarding and medical attention while in custody. The following requirements must also be met within 15 working days:
(1) The animal must be licensed;
(2) The animal must be kept in a proper enclosure;
(3) The owner must present a certificate of liability insurance in the amount of $100,000;
(4) The owner must provide the animal with a fluorescent yellow collar to be worn at all times and be visible 50 feet in normal daylight for identification purposes;
(5) When the potentially dangerous animal is taken outside the enclosure, it must be securely muzzled in a manner that will not cause injury to the animal nor interfere with its vision or respiration, but shall prevent it from biting any person or other animal; and the animal must be restrained by a substantial chain or cable leash having a minimum tensile strength of 1,000 pounds and not to exceed six feet in length;
(6) The owner shall post a sign on his/her premises warning that there is a potentially dangerous animal on the property. The sign shall be visible and capable of being read from the public street or highway;
(7) The animal must be spayed or neutered; and
(8) The owner must register the animal and pay an annual fee of $50 each January to the animal control officer or Police Department.
(L) If the owner of the potentially dangerous animal does not comply with the above requirements the animal shall be euthanized.
(M) The owner of an animal declared to be vicious under these laws shall be subject to a fine of not less than $200 but not more than $2,000.
(N) The owner of an animal declared to be potentially dangerous is subject to fines of not less than $200 but not more than $2,000 if violations are committed or if animal has killed or wounded another animal or person.
(Ord. 2016-21, passed 10-18-2016; Ord. 2019-18, passed 10-15-2019) Penalty, see §
10.99