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(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) 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.
(3) After a notification by the animal control officer that the dog or cat is 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 or shall turn it over to the animal shelter for humane destruction.
(B) (1) Any person who receives such a notice shall have the right to appeal this decision to the City Manager.
(2) 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.
(3) 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) Penalty, see § 90.99