505.16 VICIOUS DOGS.

   (a)    No person owning or harboring or having the care of a vicious dog shall suffer or permit such animal to go unconfined on the premises of such person.

   (b)    No person owning or harboring or having the care of a vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled or otherwise securely restrained.

   (c)    Definitions:

      (1)    A vicious dog is "unconfined" as the term is used herein if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in subsection (a) hereof. Such pen or structure must have secure sides. If the structure does not have a secure top, the sides shall extend to a height of six feet above the ground. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than one foot. The fence must be made of adequate material to restrain the dog.

      (2)    A "vicious dog" as the term is used herein 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, or

         B.    Any dog which attacks a human being or another domestic animal more than one time without provocation.

   (d)    Subsections (c)(2)A and B hereof are necessary controls on the unrestrained activity of vicious animals which threaten the safety of streets, parks, sidewalks, yards and all areas of the City, and lack of knowledge or lack of intent is not a defense to a violation thereof.

   (e)    (1)    Whoever violates any provision of this section shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than sixty days, or both.

      (2)    When any person is found guilty of a second offense of any provision of this section such person may be imprisoned for not more than sixty days, and shall be fined one thousand dollars ($ 1,000) which fine shall be mandatory, and shall not be suspended or remitted.

      (3)    In addition, any vicious dog which attacks a human being or another domestic animal may be ordered destroyed when, in the court's judgment, such vicious dog represents a continuing threat of serious harm to human beings or other domestic animals. Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.

         (Ord. 27-00. Passed 5-1-00.)