(A) No person owning or harboring or having the care or the custody of a dangerous dog may permit the dog to go “unconfined,” as the term is used in this section, if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog-run area upon the person's premises. The pen or dog-run area also must have either sides six feet high or a secure top. If the pen or structure has no bottom secured to the sides, all sides must be embedded into the ground at a depth of no less than one foot. However, the provisions of this section shall not apply to any dog that is owned by a licensed security company and is on patrol in a confined area.
(B) No person owning or harboring or having the care of a dangerous dog may permit the dog to go beyond his or her premises unless the dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.
(C) (1) No person may own or harbor a dog for the purpose of dogfighting or train, torment, badger, bait or use a dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.
(2) No person may possess with intent to sell, offer for sale, breed or buy or attempt to buy a dangerous dog.
(D) (1) In the event a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or cared for in violation of this section, he or she may petition the City Judge having jurisdiction to order the seizure and impoundment of the dangerous dog while the trial is pending.
(2) In the event a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or housed in violation of this section, he or she may with proper court petition seize and impound the dangerous dog while the trial is pending.
(E) (1) Whoever violates this section is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not more than $200 and/or imprisoned for not more than 30 days.
(2) A dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the Court's judgement the dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals.
(3) Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public or other expenses as may be required for the destruction of the dog. Furthermore, anyone found guilty of violating this section shall pay any medical expenses incurred by the victim as a result of the attack by a dangerous dog.
(F) (1) A person is lawfully upon the premises of the owner within the meaning of this section when he or she is on the premises in the performance of any duty imposed upon him or her by the laws of this state, by the laws or postal regulations of the United States, when he or she is on the premises upon invitation, expressed or implied, of the owner, or when he or she is in the performance of a duty relative to public safety, which includes police officers, firefighters or other authorized personnel. A person has the right to ingress and to egress from the premises for any purpose connected with the performance of the public safety duty.
(2) A person who is lawfully on the owner's premises and who is attacked by a dangerous dog or witnesses the attack may use reasonable force to repel the attack. A person is not liable in damages or otherwise for action to repel or any action taken to restrain or control a dog from an unprovoked attack.
(3) The Chief of Police may cause any dangerous animal to be slain or removed from the city.
(`95 Code, § 6-3-22) (Ord. 89-2, passed 11-17-89; Am. Ord. 07-99, passed 2-16-99) Penalty, see § 10.99