§ 91.24 DANGEROUS OR POTENTIALLY DANGEROUS ANIMAL DECLARATION.
   (A)   The Animal Protection Officer or designee, or a person trained in dangerous animal behavior, in his or her discretion or upon receipt of a complaint and conducting an investigation alleging that an animal is a dangerous or potentially dangerous animal, may declare such animal a dangerous or potentially dangerous animal by issuing a civil citation and notice of a dangerous animal to the owner.
   (B)   Dangerous animals. It is unlawful to own, keep, harbor or be in possession of a dangerous animal within the city, except as provided in this section. The Animal Protection Officer or a designee may impose special security and/or care requirements upon the owner of a dangerous animal, such as, but not limited to:
      (1)   A dangerous animal shall be contained in a proper enclosure to prevent the entry of any person or animal and the escape of said animal.
      (2)   The dangerous animal will be spayed or neutered.
      (3)   The dangerous animal will be microchipped and the microchip information must be registered with the city via the licensing process.
      (4)   The owner of the dangerous animal may be required to enter the animal in a socialization and/or behavior modification program approved by the Animal Protection Officer.
      (5)   If proper confinement cannot be made, the animal will be seized and transported to the Clinton Humane Society or other city-designated animal welfare agency.
   (C)   Potentially dangerous animals. It is unlawful to own, keep, harbor or be in possession of a potentially dangerous animal within the city, except as provided in this section. The Animal Protection Officer or a designee may impose special security and/or care requirements upon the owner of a potentially dangerous animal, such as, but not limited to:
      (1)   A potentially dangerous animal shall be contained in a proper enclosure to prevent the entry of any person or animal and the escape of said animal.
      (2)   The potentially dangerous animal will be spayed or neutered.
      (3)   The potentially dangerous animal will be microchipped and the microchip information must be registered with the city via the licensing process.
      (4)   The owner of the potentially dangerous animal may be required to enter the animal in a socialization and/or behavior modification program approved by the Animal Protection Officer.
      (5)   If proper confinement cannot be made, the animal will be seized and transported to the Clinton Humane Society or to another city-designated animal welfare agency.
      (6)   Persons owning dangerous animals must carry liability insurance covering acts of the animal, and proof of the same shall be a prerequisite of licensing.
   (D)   No animal may be declared dangerous or potentially dangerous:
      (1)   That inflicts injury or damage on a person committing a willful trespass or other tort upon premises occupied by the owner or lessee of the animal, or committing or attempting to commit a crime.
      (2)   For taking any action to defend or protect a human being or other animal within the immediate vicinity of the animal from an unjustified attack or assault.
      (3)   If used in connection with lawful activities of law enforcement officials.
   (E)   A violation of this section shall be a municipal infraction and violators shall be subject to a civil penalty. The city may also seek alternative relief, including but not limited to, removal of the dangerous animal from the city, relinquishment of ownership, or euthanasia of the dangerous animal.
(Ord. 2485, passed 11-27-2012; Ord. 2657, passed 10-13-2020) Penalty, see § 10.99