(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) "Vicious dog" means:
A. Any dog with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or other domestic animals;
B. Any dog which has previously attacked or bitten a human being or other domestic animal other than under the type of circumstances that would be justifiable; or
C. Any dog which has behaved in such a manner that the owner knows or should reasonably know that the dog is possessed of tendencies to attack or bite human beings or other domestic animals other than under the type of circumstances that would be justifiable.
(b) Conditions, Standards for Keeping. The keeping of vicious dogs will be subject to the following standards.
(1) Leash and muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than four feet in length. No person shall permit such a dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all such dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals.
(2) Confinement; structure specifications. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in paragraph (b)(1) of this section. Such pen or enclosed structure must have secure sides and a secure top attached to sides. All structures used to confine such dogs must be locked with a key or combination lock when the animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in ground to a depth of no less than two feet. All structures erected to house such dogs must comply with all zoning and building regulations of the City.
All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3) Confinement indoors. No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit the building on its own volition. In addition, no such animal may be kept in a house or structure where window screens or screen doors are the only obstacle preventing the dog from exiting the structure.
(4) Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "beware of dog." In addition, a similar sign is required to be posted on the kennel or pen of the animal.
(5) Insurance. All owners, keepers or harborers of vicious dogs must provide proof to the City of public liability insurance of a sufficient amount for bodily injury to or death of any person which may result from ownership, keeping or maintenance of such animal. The insurance policy shall provide that no cancellation of the policy will be made unless ten days' written notice is first given to the City Clerk.
(6) Identification photographs. All owners, keepers or harborers of vicious dogs must provide the City Clerk two color reproducible photographs, with dimensions of four inches by six inches, of the registered animal clearly showing the color and approximate size of the animal.
(c) Reporting Requirements. All owners, keepers or harborers of vicious dogs must, within one business day of the incident, report the following information in writing to the City Clerk:
(1) The permanent removal from the City or the death of a vicious dog.
(2) The new address of a vicious dog should the owner move within the corporate City limits.
(3) The dog is on the loose, has been stolen or has attacked a person.
(d) Violation; Penalties. Any person violating or permitting the violation of any provision of this section shall be issued a civil infraction as prescribed in Section 202.99. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care and testimony, as determined by the courts, necessitated by the enforcement of this section.
(e) Complaints; Order to Show Cause Against Euthanizing or Confining of Dog. A district court magistrate or a judge of the district court shall issue a summons to show cause why a dog should not be euthanized or confined, upon a sworn complaint that any of the following exist:
(1) A dog, licensed or unlicensed, has destroyed property or habitually caused damage by trespassing on the property of a person who is not the owner.
(2) A dog, licensed or unlicensed, has attacked or bitten a person.
(3) A dog has shown vicious habits or has molested a person when lawfully on a public right-of-way or in a public place.
(4) A dog, licensed or unlicensed, has run at large contrary to City ordinance.
(f) Judicial Order; Penalty for Failure to Follow; Court Costs. After a hearing the district court judge may either order the dog euthanized or confined to the premises of the owner. Failure to comply with the order of a district court judge may result in the owner of the dog against which an order has been entered being punished by a fine of not more than five hundred dollars ($500.00) or imprisonment in the county jail for not more than ninety days, or both such fine or imprisonment. Court costs for such actions taken shall be assessed to the owner of the dog against whom the complaint was issued.
(Ord. 2011-01. Passed 1-24-11; Ord. 2014-01. Passed 2-10-14.)