(a) Purpose. This section is a necessary control to eliminate the risk of attack by dangerous animals, as defined herein, on human beings in the Municipality. The possibility of such attacks constitutes a threat to the health, safety and welfare of the public in the Municipality, and the lack of knowledge or lack of intent is not a defense to any violation thereof.
(b) Definitions. As used in this section, “dangerous animal” means and includes:
(1) Any mammal, amphibian, reptile or fowl which is of a species which, due to size, vicious nature or other characteristics, would constitute a danger to human life, physical well-being or property. Such animals include, but are not limited to, lions, tigers, leopards, panthers, bears, wolves, apes, gorillas, monkeys of a species whose average adult weight is twenty pounds or more, and snakes which are poisonous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup, including all constrictors.
(2) Any dog or cat having a disposition or propensity to attack or bite any person or animal without provocation. For the purpose of this section, the official records of the Police Department indicating that a dog or cat has bitten any person or persons or animal on two or more separate occasions shall be prima-facie evidence that said dog or cat is a dangerous animal.
(c) Ownership Prohibited. No person shall own, keep or harbor a dangerous animal, as defined in division (b) of this section, within the Municipality, except as provided in division (d) of this section.
(d) Exceptions; Registration Requirements.
(1) Any person or organization which falls into one of the categories set forth in division (d)(2) of this section shall be permitted to own, harbor or have charge, custody, control or possession of any animal described in division (b) of this section, provided that such person or organization has first secured a permit from the Municipality, and provided that owners, keepers or harborers of pit bull dogs have registered their animals in accordance with the provisions of this section.
(2) The following activities and establishments involving dangerous animals are permitted upon compliance with the provisions of division (d)(1) of this section:
A. The keeping of such animals in zoos, bona fide educational or medical institutions, museums or any other public establishment where such animals are viewed or used for the purpose of instruction or study;
B. The keeping of such animals for exhibition to the public by a circus, carnival or other exhibition, or show;
C. The keeping of such animals in a bona fide, licensed veterinary hospital for treatment; or
D. The keeping of such animals by commercial establishments for the purpose of sale or display.
(e) Exemptions. The provisions of this section shall not apply to the transportation of such animals through this Municipality when the transporter has taken adequate safeguards to protect the public and has notified the local law enforcement agency of the proposed route of transportation and the time thereof.
(f) Notice to Remove Dangerous Animals. Upon receiving a written complaint from any person that a person owns or is keeping or harboring a dangerous animal in the Municipality in violation of this section, a Police Department officer or his or her authorized deputy shall forthwith cause the matter to be investigated. If, after investigation, the facts indicate that such person named in the complaint is in fact the owner of a dangerous animal or is keeping or harboring any such dangerous animal in the Municipality, the Police Department officer or his or her deputy shall forthwith send written notice to such person requiring such person to safely remove said animal from the Municipality within five days of the date of said notice. The notice as herein provided shall cause said animal to be immediately seized and impounded, according to the provisions of this section, or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
(g) Seizure and Impoundment of Dangerous Animals.
(1) A Police Department officer or his or her authorized deputy shall forthwith cause to be seized and impounded any dangerous animal, where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to division (f) of this section. Upon seizure and impoundment, said animal shall be delivered to a place of confinement, which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.
(2) If, during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person or persons authorized by the Chief of Police to seize and impound such animal, a Police Department officer may render said animal immobile by means of tranquilizers or other safe drugs, or, if it is not possible, then said animal may be killed.
(h) Permit Required Generally; Confinement, Control and Restraint of Animals.
(1) No person owning, harboring or having charge, custody, control or possession of any animal described in this section shall allow such animal to remain within the Municipality unless and until he or she has first secured a permit to do so, and complies with all terms and conditions of such permit. In addition thereto, such animal shall at all times be so confined, controlled and restrained that the life, limb or property of any person lawfully entering such premises shall not be endangered.
(2) Failure to obtain a permit when required by division (h)(1) of this section, or after written notification by a Police Department officer or his or her authorized deputy, shall be adequate grounds for said officer or deputy to impound said animal.
(i) Permit Required for Minors; Conditions. Except as hereinafter provided, no person under the age of 21 shall have, keep, maintain or have in his or her possession or under his or her control within the Municipality any animal described in this section without first applying to and receiving a permit from the Police Department. However, no permit shall be granted except with such conditions attached as shall, in the opinion of the person or agency approving such permit, reasonably insure the public health, safety and general welfare. In any event no permit shall be granted for any animal at any particular location except upon an explicit finding by a Police Department officer or his or her authorized deputy that the issuance thereof will not be contrary to the public health, safety and general welfare.
(j) Applications for Permits. An application for any permit required pursuant to this section shall be made to the Municipality in writing and upon a form furnished by the Municipality. Said application shall be verified by the person who desires to have, keep, maintain or have in his or her possession or under his or her control in the Municipality the animal for which a permit is required, and shall set forth the following:
(1) The name, address and telephone number of the applicant;
(2) The applicant's interest in such animal;
(3) The proposed location, and the name, address and telephone number of the owner of such location, and of the lessee, if any;
(4) The number and general description of all animals for which the permit is sought;
(5) Any information known to the applicant concerning vicious or dangerous propensities of all such animals;
(6) The housing arrangements for all such animals with particular details as to safety or structure, locks, fencing, etc;
(7) Safety precautions proposed to be taken;
(8) Noises or odors anticipated in the keeping of such animals;
(9) Prior history of incidents affecting the public health or safety and involving any of said animals;
(10) Proof of insurance to cover those who may be injured or killed by said animal;
(11) A statement, signed by the applicant, indemnifying the Municipality and its agents and employees for any and all injuries that may result from said animal; and
(12) Any additional information required by the Chief of Police at the time of filing such application or thereafter.
(k) Permit Fee. The fee for a permit application shall be as provided in the General Fee Schedule (Section 206.01
(6) of the Administration Code) for one dangerous animal, plus an additional amount, as provided for in the General Fee Schedule (Section 206.01
(6) of the Administration Code) for two dangerous animals. Said fee shall be payable to the Municipality at the time of filing the permit application. Accretions by natural birth shall not require additional permits during the period of a valid permit.
(l) Powers of Police Department Officers Regarding Temporary Permits. A Police Department officer may, following a person's application for a permit and pending a final disposition of the same, grant a temporary permit for the maintenance within the Municipality of any such animal upon such conditions as he or she shall, in his or her sole discretion, require when, in his or her opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare. No such animal shall be otherwise kept or maintained within this Municipality or be permitted to occupy any premises within this Municipality except while such a regular or temporary permit is in full force and effect. Any Police Department officer, or his or her authorized deputy officer, shall take possession of any animal described under this section for which a permit has not been issued and keep the same until the proper permit has been secured by the owner or keeper thereof. Such officer or his or her authorized deputy shall release the same to the owner or keeper when all fees and costs have been paid and all laws and permit conditions complied with.
(m) Period of Permits; Renewal. No permits required by this section shall be granted for a period in excess of one year. An application for renewal of any permit shall be made not less than forty-five days prior to the expiration thereof.
(n) Inspection for Renewal. Prior to the annual renewal of any permit issued hereunder and at least once not more than six months after the issuance of any such permit or after its renewal, a Police Department officer or his or her designated representative shall inspect the premises subject to such permit to determine whether the person to whom it has been issued is continuing to comply with all of the conditions specified in this section. If the Police Department officer or his or her representative determines during any such inspection that any of the conditions therein specified are being violated, he or she will recommend denial of a renewal of any such permit, or he or she shall recommend revocation of such permit in the event that such violation is not corrected within such period of time as he or she shall direct.
(o) Revocation of Permits. The Municipality, upon recommendation of a Police Department officer, may, for good cause, revoke any permit or modify any terms or provisions thereof and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof, without hearing, for a period not to exceed thirty days. Failure to comply with any of the provisions of this section shall be sufficient grounds for revocation.
(p) Commercial Establishments.
(1) Commercial establishments possessing such animals for the purpose of sale or display may replace the same with others of the same kind, but the number of each shall not be in excess of the number thereof allowed by the terms of such permit. Such establishments may, at the discretion of a Police Department officer, be granted a permit for such numbers of each kind of animal as do not exceed the maximum number such establishment estimates will be maintained by it in this Municipality at any one time during the period of the permit. Such permit shall require the immediate notification of a Police Department officer upon the acquisition of any animal having a prior history of any incident involving the public health or safety, or resulting in any bodily injury or property damage.
(2) Upon the sale of any dangerous animal, said commercial establishment shall immediately send notification of said sale, along with the name and address of the buyer, the method of transporting the animal, the path of travel of such transportation and the destination, to the Police Department Control Officer.
(q) Severability. If any division, sentence, clause or phrase in this section is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this section.
(r) Payment of Costs Incurred by Municipality. Any reasonable costs incurred by a Police Department officer in seizing, impounding, confining or disposing of any dangerous or wild animal pursuant to the provisions of this section shall be charged against the owner, keeper or harborer or such animal and shall be collected by the Clerk of Courts.
(s) Penalty.
(1) Whoever violates any provision of this section shall be fined not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both.
(2) In addition to any other penalty provided in this division, whoever violates any provision of this section shall pay the expenses incurred in providing food, handling, veterinary care and testimony in connection with the enforcement of this section.
(3) A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 24-90. Passed 9-11-90; Ord. 11-98. Passed 4-28-98; Ord. 22-21. Passed 11-9-21.)