55.13 DANGEROUS OR VICIOUS ANIMALS.
1.   Any person keeping, maintaining, harboring or having in his or her possession or control within the City any dangerous, potentially dangerous, carnivorous or poisonous wild animal, regardless of size, does so with the strict and absolute liability and responsibility therefor. Such person must provide confinement sufficient to guarantee absolute safety and security against injuries inflicted by such animal. Further, such person must provide vaccination against rabies if the animal is susceptible thereto, and the animal will be subject to the provisions of this chapter concerning rabies and disease control.
2.   It is unlawful for any person to harbor or keep a vicious animal within the City. An animal is deemed to be vicious when it shall have attacked or bitten any person or licensed animal without provocation or when propensity to attack or bite any person or licensed animal exists and such propensity is known to the owner, or ought reasonably to be known to the owner thereof. This subsection does not apply to guard/attack dogs, provided adequate safeguards are established to protect those persons legally on the premises and the dog is registered as a guard/attack dog with the City.
3.   If any animal referred to in subsection 1 hereof is not properly confined as required therein or if any animal is accused of being vicious under subsection 2 hereof, whether at large or restrained on private property, the City Administrator or Police Chief or designee of either may cause the impounding of said animal. Within five (5) days following notice of such impoundment, the City Administrator shall schedule a public hearing thereon, giving the animal’s owner at least five (5) full days’ advance notice thereof. Pending such public hearing, the animal shall be impounded in the municipal shelter at the owner’s expense or, upon request by the owner, may be confined at a veterinary hospital, also at the owner’s expense. Should the animal be allowed held at a veterinary hospital, a written agreement must be executed stating that the release of said animal shall be permitted only upon written authorization of the City Administrator or the Police Chief or their designee.
4.   The public hearing shall be to determine (a) whether or not the animal is vicious, (b) whether or not the owner has failed to restrain such animal reasonably, and (c) whether or not it is in the public best interest to destroy said animal. The public hearing shall be conducted before the City Administrator pursuant to rules of procedure promulgated therefor.
5.   If, pursuant to subsection 4 above, a determination is made that the animal is a vicious animal and that the owner has failed to restrain such animal reasonably and that it is in the public best interest to destroy said animal, then said animal shall be destroyed in a humane manner after five (5) full days have elapsed following the City Administrator’s determination, which shall occur at the close of the public hearing. The owner may appeal said determination first to the City Council and after public hearing and decision thereby within five (5) full days appealed to a court of competent jurisdiction. Said appeal process will stay the destruction of the animal; however, all impounding, boarding costs and any charges for care or euthanasia shall be the responsibility of the owner.
6.   Any unlicensed animal found at large and behaving in an unusual, dangerous, unresponsive or aggressive manner may be promptly destroyed by a police officer or any designate of the City Administrator.