505.142 CONDITIONS OF OWNERSHIP OF A DANGEROUS OR VICIOUS DOG.
   (a)   Any owner, keeper, or harborer of a dog classified as dangerous by a court pursuant to Section 505.141 or any other substantially equivalent state or local law, shall do the following:
      (1)   Register the dog with the Police Department annually pursuant to Section 505.03;
      (2)   While the dog is on the premises of the owner, keeper, or harborer, the dog must be securely confined at all times, either in a locked pen with a top, a locked fenced yard, or other locked enclosure with a top, or tied with a leash or tether of sufficient so that the dog is adequately restrained.
      (3)   While that dog is off the premises of the owner, keeper, or harborer, the dog must be controlled by a person who is of suitable age and discretion to control the dog, and in addition, do at least one of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, and is accompanied by the owner, keeper, harborer or handler;
         A.   Keep the dog in either a locked pen which has a top, a locked fenced yard, or other locked enclosure with a top;
         B.   Keep the dog on a leash or tether that is no more than six feet in length and of sufficient strength, or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture in such manner the dog is fully restrained and station the individual in such proximity to that dog so as to prevent the dog from causing injury to any person;
         C.   Muzzle the dog.
      (4)   Notify the local police department within seventy-two hours if the dangerous dog has died, or has been sold or donated, providing written notice of the circumstances, and the name, address, and telephone number of the new owner; and
      (5)   Notify the local police department and the county dog warden immediately if a dangerous dog escapes or is lost.
   (b)   Any owner, keeper, or harborer of a dog classified as vicious by a court pursuant to Section 505.141 or any other substantially equivalent state or local law, shall do the following:
      (1)   Register the dog with the Police Department annually pursuant to Section 505.03;
      (2)   Have the dog spayed or neutered, at the owner, keeper, or harborer’s expense, within thirty days of a classification as a vicious dog, if not already done;
      (3)   Obtain liability insurance with an insurer, authorized to write liability insurance in this state, providing coverage in each occurrence to a limit, exclusive of interests and costs, of not less than two hundred fifty thousand dollars ($250,000.00) for damage or bodily injury or death of a person or other domestic animal caused by a vicious dog;
      (4)   While the dog is on the premises of the owner, keeper, or harborer, the dog must be securely confined at all times, either in a locked pen with a top, a locked fenced yard of sufficient height to contain the dog, or other locked enclosure with a top.
      (5)   While that dog is off the premises of the owner, keeper, or harborer, keep the dog muzzled and under the control of a person who is of suitable age and discretion to control the dog, and in addition, do at least one of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, and is accompanied by the owner, keeper, harborer or handler:
         A.   Keep the dog in either a locked pen which has a top, a locked fenced yard of sufficient height to contain the dog, or other locked enclosure with a top;
         B.   Keep the dog on a leash or tether that is no more than six feet in length and of sufficient strength, and at no time leave the dog unattended so as to prevent the dog from causing injury to any person;
      (6)   Notify the local police department within seventy-two hours if the vicious dog has died, or has been sold or donated, providing written notice of the circumstances, and the name, address, and telephone number of the new owner; and
      (7)   Notify the local police department and county dog warden immediately if a vicious dog escapes or is lost.
   (c)   Whoever violates subsection (a) hereof shall be guilty of a misdemeanor in the fourth degree for a first offense, and a misdemeanor in the third degree for each subsequent offense.
   (d)   Whoever violates subsection (b) hereof shall be guilty of a misdemeanor in the third degree for the first offense, and a misdemeanor in the second degree for each subsequent offense. A violation of subsection (b)(3) hereof shall be a misdemeanor in the second degree.
(Ord. 05-07. Passed 5-2-05.)