(A) It is unlawful when (i) a vicious dog is not confined to an enclosure; or (ii) the dog owner or custodian fails to comply with all restrictions imposed by a prior finding of a vicious dog.
(B) The only times that a vicious dog may be allowed out of the enclosure are:
(1) If it is necessary for the owner or keeper to obtain veterinary care for the dog; or
(2) If the dog owner or custodian properly complies with all restrictions imposed by a prior finding of a vicious dog; or
(3) To comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash having a tensile strength of at least 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or custodian of the dog.
(C) In addition to the penalties prescribed in § 91.99, a violation of this chapter shall result in the dog being impounded. The owner or custodian of such vicious dog, if ascertainable, must be notified by personal service or certified mail return receipt requested of such violation and impoundment. In addition to any fines and/or penalties imposed under this chapter, the dog may be subject to destruction, and the owner or custodian of any vicious dog may be responsible for all costs associated with the impoundment and destruction of the dog as set out below.
(1) If the owner or custodian appeals or challenges the ordinance violation or impoundment order and the violation or impoundment is upheld by the circuit court, the owner or custodian shall be responsible for all costs as defined in division (C)(3).
(2) If the owner or custodian appeals or challenges the ordinance violation or impoundment order and the violation or impoundment is vacated by the circuit court, the owner or custodian shall not be liable for said costs.
(3) For the purposes of this section, COSTS shall include, but are not limited to, reasonable impoundment costs, boarding costs, pet food costs, necessary veterinarian care during the impoundment, and destruction of the dog.
(Ord. 850, passed 6-5-95; Am. Ord. 1349, passed 6-8-04; Am. Ord. 1939, passed 7-16-18) Penalty, see § 91.99