(a) When any person, being the owner or having custody or control of any dog is charged with a violation of this chapter, except as otherwise provided by Section 505.02, the court may, upon motion of any party or its own motion, order the seizure and impoundment of the dog pending trial.
(b) In the event that a law enforcement officer has probable cause to believe that a dog that has been classified as dangerous or vicious under the provisions of this chapter or substantially equivalent state or local law and is running at large, such law enforcement office may seize and impound the dog without seeking a prior court order.
(c) Nothing in this section shall be construed to prevent a law enforcement officer from seizing or destroying any animal which presents an immediate risk of physical harm to any person or property.
(d) Any dog that attacks and injures any person or another dog, cat or domestic farm animal, other than when committing a criminal trespass or other crime of violence upon the premises of the owner, keeper, or harborer, may be ordered humanely destroyed when, in the court’s judgment, such dog represents a continuing threat of serious harm to persons or other such animals. The prosecutor for the municipality may petition the municipal court having jurisdiction for an order to humanely destroy any dog impounded pursuant to this chapter or that represents a continuing threat of serious harm to persons or other domestic animals.
(Ord. 05-07. Passed 5-2-05.)