(A) (1) It shall be a civil offense for any person to own or keep any dog known to be vicious or dangerous unless such dog is so confined and/or otherwise securely restrained as to reasonably provide for the protection of other animals and persons.
(2) (a) If a dog or cat attacks a person by biting or in any manner causing injury or habitually or repeatedly attacks livestock or other domestic animals without provocation, it shall be prima facie evidence that the dog or cat is vicious and said animal will be removed from its location and held for a period of no less than ten days for quarantine.
(b) Any animals deemed vicious will not be returned to the corporate limits of the city. Owner will have opportunity to rehome animal outside of the city limits with providing verifiable proof that the new location/owner is not within city liraits, that the new owner is aware of the animals traits to be vicious, and with the understanding that the animal will not be returned to the city limits. If owner cannot rehome animal it will be delivered to local animal shelter for euthanasia.
(3) If notification by the Animal Control Officer is given to an owner or deemed owner of a canine or feline that it has been viewed as potentially vicious, has not bitten or harmed a person and/or other animal but has shown traits that it could be vicious, the owner or keeper of such dog or cat shall keep the same chained or muzzled, or in a secure enclosure at all times, or have it humanely destroyed.
(B) (1) Any person who receives such a notice of a vicious animal shall have the right to appeal this decision to the City Manager.
(2) Appeals are to be made in writing to the attention of the City Manager.
(3) The City Manager or his or her representative shall, upon such appeal, conduct a hearing within ten days to determine if the animal is vicious. If the animal is judged not to be vicious, it may be returned to the owner.
(4) In the event of an appeal to the courts from the City Manager’s or his or her representative’s decision, pending the appeal, the dog or cat shall be confined at the animal shelter or with a veterinarian, the cost of which shall be borne by the owner.
(1994 Code, § 10-204) (Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993; Ord. 846, passed 12-16-2019) Penalty, see § 90.99