The Municipal Judge shall be empowered to make one of the following determinations as a result of said hearing:
(A) That the animal is in fact not vicious, dangerous or diseased, in which event the Animal Control Officer shall cause it to be surrendered to the owner of the animal, upon payment by the owner of the expenses outlined in § 96.027 of this subchapter, and upon compliance with § 96.045 of this chapter;
(B) That the animal is in fact vicious, dangerous, or diseased, and should be destroyed;
(C) That the animal is vicious, dangerous, or diseased, but that for good cause shown the animal should not be destroyed, in which event the Judge shall order one of the following:
(1) That the animal be immediately removed from the corporate limits of the city and not to ever be again allowed within the corporate limits of the city, and that the owner pay all fees required by § 96.027 of this subchapter; or
(2) That the owner be allowed to maintain the vicious animal within the corporate limits of the city under the following conditions:
(b) Leash and muzzle. No person shall permit an animal covered by this subchapter to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length. No person shall permit said animal 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 animal may not be leashed to an inanimate object such as trees, posts, buildings, and the like. In addition, all animals on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.
(c) Confinement. All animals covered by this subchapter shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides. All structures used to confine said animals must be locked with a key or combination lock when such animals are within the structure. Such 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 the ground no less than two feet. All structures erected to house said animal 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.
(d) Confinement indoors. No animal covered by this subchapter may be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.
(e) Signs. All owners, keepers, or harborers of animals covered by this subchapter within the city shall display in a prominent place on their premises a sign easily readable by the public using the words “beware of vicious animal.” In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(D) All owners whose animal is adjudged to be vicious at the hearing and sentenced as imposed by the Municipal Judge pursuant to this section, upon written demand, may appeal the Judge’s decision within ten days to the district court of the county where a trial in the district court shall be accorded to them de novo.
(Prior Code, § 96.019) (Ord. 1419, passed 12-9-2003) Penalty, see § 96.999