§ 91.23 RESPONSIBILITY OF ANIMAL OWNERS.

   It shall be the duty of every owner of any animal, or anyone having any animal in his/her possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damages which might result from their animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness or ferocity.

   (A)   No vicious animal shall be permitted to remain the city's territorial limits. Every vicious animal shall be euthanized unless ordered to be quarantined and/or contained by a court of competent jurisdiction. No vicious animal shall be returned to its owner or harborer unless so ordered by a court of competent jurisdiction.

   (B)   Dangerous animal to be properly confined or leashed. The owner or harborer of a dangerous animal shall:

      (1)   When the dangerous animal is indoors secure all means of egress so that the dog may not exit;

      (2)   Leash and muzzle. No person shall permit a dangerous animal to go outside of its kennel, pen, or the owner's residence unless such animal is securely restrained with a leash or lead no longer than three feet in length and the leash or lead is physically controlled by a person 18 years of age or older who is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts, buildings, and the like. In addition, all such animals on a leash or lead outside of the animal's kennel, pen, or the owner's residence must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.

      (3)   Confinement. All dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled, as provided in division (B)(2) above. Such pen, kennel, or structure must have secure sides and a secure top attached to its sides. A fenced-in yard by itself is insufficient to meet this standard. All structures used to confine such 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 to a depth of no less than two feet and be a minimum of seven feet above the ground to the top of the structure. All structures erected to house such animals must comply with all zoning and building regulations, and all such structures must be adequately lighted, ventilated, and be of appropriate size to allow the animal confined therein to move around, and must be kept in a clean and sanitary condition. The house or shelter for said animal shall be totally enclosed within the confinement structure. When being transported, the animal must be muzzled or caged.

         (a)   Signs. All owners of dangerous animals shall display on the kennel or pen and also in a prominent place on the premises a sign easily read by the public from adjoining public roads or streets using a sign stating the presence of a dangerous animal by both symbol and words.

         (b)   Inspection. All owners of dangerous animals shall allow Danerous Animal Officers the right to inspect the area as necessary to assure that the health and safety needs of the animals and the public are being met.

   (C)   Conditions precedent to dangerous animals being permitted to return to and remain within the city's territorial limits. Dangerous animals shall not be permitted to return to or remain within the city's territorial limits unless all of the following conditions are met:

      (1)   The animal is properly registered in the city;

      (2)   The animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or personal property;

      (3)   Adequate safeguards are made to prevent unauthorized access to such animal;

      (4)   The health or well being of the animal is not in any way endangered by the manner of keeping or confinement;

      (5)   Keeping of such animal does not constitute a public nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood;

      (6)   Keeping of such animal will not create or cause offensive odors or constitute a danger to public health;

      (7)   The quarters in which such animal is kept or confined is adequately lighted and ventilated and are so constructed that it may be kept in a clean and sanitary condition, and is so kept;

   (D)   Law enforcement exclusion. It is not the intent of this section to prohibit any law enforcement agency or officer legally operating within the city from using any trained dog that may attack on command, provided that each such dog must be in the presence of its handler or confined in accordance with said law enforcement agencies policy at all times.

   (E)   Miscellaneous exclusions. The provisions of this section shall not apply to the keeping of vicious dogs in the following cases:

      (1)    The keeping of such animals in zoos, bona fide educational or medical institutions, museums or any other place where they are kept as live specimens for the public to view, or for the purpose of instruction, study, or medicinal uses;

      (2)   The keeping of such animals for exhibition to the public of such animals by a circus, carnival, or other exhibit or show;

      (3)   The keeping of such animals in a bona fide licensed veterinary hospital for treatment or study.

(Ord. 0-18-88, passed 8-15-88; Am. Ord. 0-24-89, passed 10-2-89; Am. Ord. O-5-92, passed 2-3-92; Am. Ord. O-13-2014, passed 11-3-14) Penalty, see § 91.99

§ 91.24 COMPLAINTS.

   (A)   Any person who has been pursued or attacked by an allegedly vicious animal or dangerous animal, or anyone on behalf of such person, may make a complaint before the District Court, charging the owner, possessor or custodian of such animal with harboring a dangerous animal or vicious animal. If upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner, possessor or guardian of the animal in question, and that such animal is a vicious animal or dangerous animal as defined in § 91.20, the court shall declare such animal a vicious animal and order the animal humanely euthanized or quarantined, or a dangerous animal and order the owner, possessor or guardian to henceforth keep such dangerous animal securely confined as set forth herein, and impose the penalties set forth in § 91.99.

   (B)   If a subsequent complaint is filed against the same owner, possessor or guardian for an animal previously determined or found to be a dangerous animal, and the court finds the person so charged is in violation hereof, the court shall order the owner, possessor or guardian of said dangerous animal to immediately remove the animal from the city or order the animal humanely euthanized.

(Ord. 0-18-88, passed 8-15-88; Am. Ord. 0-24-89, passed 10-2-89; Am. Ord. O-5-92, passed 2-3-92; Am. Ord. O-13-2014, passed 11-3-14)

§ 91.25 PROHIBITED LOCATIONS.

   No dangerous animal as defined in § 91.20 above shall be permitted to enter upon or into any of the following:

   (A)   The Fort Thomas Dog Park;

   (B)   Any public park; or

   (C)   Any public or private school building, property, yard or ground.

(Ord. O-13-2014, passed 11-3-14)

§ 91.26 AUTHORITY TO IMPOUND.

   The Dangerous Animal Officer shall have the specific authority to impound any animal(s) upon witnessing a violation of this subchapter and to issue uniform citations to any offender. Dangerous Animal Officers shall possess the power to enter private property in the performance of their duties only if consent of the owner or occupant of the property is freely given, a search warrant is obtained or such exigent circumstances exist that a warrantless, non-consensual search is required, as determined by law enforcement officials.

(Ord. O-13-2014, passed 11-3-14)

§ 91.27 OTHER LAWS, REGULATIONS; LIABILITY NOT LIMITED.

   Nothing in this subchapter shall be construed to limit, or prohibit application of any other public law or governmental regulation. Further, nothing in this subchapter shall in any manner limit the civil liability of any owner, possessor or guardian of any animal to any aggrieved person or damages.

(Ord. 0-18-88, passed 8-15-88; Am. Ord. 0-24-89, passed 10-2-89; Am. Ord. O-5-92, passed 2-3-92; Am. Ord. O-13-2014, passed 11-3-14)

PIT BULL DOGS

§ 91.35 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   PERSON. Any natural person, corporation, partnership, joint venture, unincorporated association, or any combination thereof.

   PIT BULL TERRIER. (Commonly known as pit bull dog) shall mean any dog which either:

      (1)   Is registered with the American Kennel Club as either an American Staffordshire Terrier or a Staffordsire Bull Terrier;

      (2)   Is registered with the United Kennel Club as an American Pit Bull Terrier;

      (3)   Conforms to either of the standards of the American Kennel Club for the American Staffordshire Terrier or the Staffordshire Bull Terrier which were published, with an example photograph, in the 15th Edition of the Complete Dog Book in 1977 and which are attached to Ordinance 0-17-88; or

      (4)   Has predominant physical characteristics which are those of either the American Staffordshire Terrier or the Staffordshire Bull Terrier indicated in the standards of the American Kennel Club which were published, with an example photograph, in the 15th Edition of the Complete Dog Book in 1977 and which are attached to Ordinance 0-17-88.

(Ord. 0-17-88, passed 8-15-88)