It is widely recognized that potentially dangerous and vicious animals are a serious threat to the safety and welfare of the citizens of the city. The City Commission strongly believes that certain restriction, requirements and regulations should be established for owning or harboring animals that are deemed to pose a threat to the general public's safety and well-being. The restrictions and requirements for owning or harboring of animals that are defined as vicious shall be as follows:
(A) A
VICIOUS ANIMAL is defined to include:
(1) Any animal with a propensity, tendency or disposition to attack, to cause injury to or to otherwise endanger the safety of human beings or domestic animals;
(2) Any animal which chases or approaches a person upon the streets, sidewalks or any public place in a menacing fashion or apparent attitude of attack;
(3) Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting;
(4) Any animal which attacks a human being or domestic animal without provocation; and/or
(5) Pit bulls, Rottweilers and any mix breeds thereof:
(a) A
PIT BULL DOG means and includes the Staffordshire Bull Terrier breed of dog; the American Staffordshire Terrier breed of dog; the American Pit Bull Terrier breed of dog; and any and all dogs that have the appearance and characteristics of being predominantly of the breed of dogs known as Staffordshire Bull Terrier, American Staffordshire Terrier or American Pit Bull Terrier, and that conform to the standards established by the American Kennel Club for Staffordshire Bull Terriers, American Staffordshire Terriers or American Pit Bull Terriers.
(b) A
ROTTWEILER means and includes a Rottweiler breed of dog; the Rottie breed of dog; the German Rottweiler breed of dog, the American Rottweiler breed of dog; and all dogs that have the appearance and characteristics of being predominantly of the breeds of dogs known as Rottie, Rottweiler, German Rottweiler or American Rottweiler and that conform to the standards established by the American Kennel Club for Rottweilers, Rotties, German Rottweilers or American Rottweilers.
(B) Proper confinement for vicious animals:
(1) It shall be unlawful for any person to keep or harbor within the city a vicious animal unless it is at all times kept on the owner's or harborer's property, securely contained indoors or in a securely enclosed and locked outdoor pen or shelter suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen must have either, sides six feet high or a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than one foot. All such pens must provide protection from the elements for the animal and be kept in a clean and sanitary condition.
(2) When any animal is required by this section to be confined, it shall also be required that a conspicuous notice be posted at the place of confinement of such a nature as to warn the public of the nature of the animal therein confined.
(C) Restraint off owner's premises: Vicious animals shall be permitted off the owner's or harborer's property only if such animals are muzzled and restrained by a substantial chain or leash not exceeding six feet in length and under the control of a responsible adult at least 18 years of age. The muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but must prevent the animal from biting any person or animal.
(D) Other requirements:
(1) No person under the age of 18 years of age shall be permitted to own, harbor or handle a vicious dog.
(2) Owners of vicious animals must provide proof to the city clerk of public liability insurance in the amount of at least $100,000, insuring the owner for any personal injuries inflicted by his or her vicious animal.
(E) Enforcement and penalty:
(1) Authority to enforce this section shall be vested in officers of the City Police Department and the City Animal Control Officer(s).
(2) The violation of any provision of this section shall constitute a Class A misdemeanor punishable by a fine up to $500 or imprisonment up to 12 months in the county jail, or both. Each day of such violation of this section shall constitute a separate offense.
(3) Specifically excluded from the provisions of this section shall be the following:
(a) Trained service dogs that are actually being used to assist disabled persons, such as dogs for the blind or deaf;
(b) A trained service dog that is in the custody of any law enforcement person or agency and that is actually being used to assist in law enforcement; and
(c) Licensed veterinary clinics.
(Ord. 2012-08, passed 7-23-2012)