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VICIOUS DOGS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ATTACK. Intentionally biting or attempting to bite, or charging at, leaping upon, or pursuing any person with evident purpose of causing bodily injury to the person so that the person has reasonable grounds to fear for his or her safety. Merely barking or growling at a person does not in itself constitute an ATTACK.
VICIOUS DOG. Any dog which on one or more prior occasions is known to have attacked any person without warrantable cause shall be deemed a VICIOUS DOG for purposes of this subchapter.
WARRANTABLE CAUSE. There exist good and reasonable grounds to believe that an attack by a dog was precipitated by one or more of the following circumstances:
(1) The dog was itself being deliberately threatened or subjected to unreasonable taunting and teasing by the person attacked;
(2) The dog was acting to protect the person or property of its owner or keeper from an unlawful intruder or attacker; and/or
(3) The dog is a specially trained animal to be used for guard or law enforcement duties, and acted on command in that capacity.
(1985 Code, § 4-4.5-1) (Ord. 14C-1984, passed - -1984; Ord. C2-1985, passed - -1985)
Any person who owns or keeps a vicious dog; any dog that is of breed commonly referred to as “pit bull” and commonly recognizable and identifiable as such; an Akita; an American Pit Bull Terrier; an American Staffordshire Terrier; a Chow Chow; a Doberman; a Staffordshire Bull Terrier; a Staffordshire Terrier; a Pressa Canarios (Spanish Pit Bull); a Rottweiler; a wolf hybrid; any dog whose sire or dam is one of the aforementioned dogs; any dog known by the owner(s) to be a pit bull or one of the aforementioned dogs; and any dog identifiable as having any of the aforementioned dogs as an element in their breeding; shall be required to constantly restrain the dog in one of the following ways:
(A) By keeping the dog confined within an enclosed building on the owner’s or keeper’s premises;
(B) By keeping the dog within a completely fenced and locked pen of chain link at least six feet high with metal top rail and concrete footing and completely covered with strong material sufficient to prevent the escape of the dog, the pen to be marked with a “Beware of Dog” sign on all sides;
(C) By walking the dog, only on a strong leash no longer than six feet in length and directly held and controlled by a person over 18 years of age and physically capable of controlling the dog, and the dog being muzzled at all times; or
(D) By keeping the dog confined within a locked vehicle sufficiently enclosed to prevent the escape of the dog and to prevent innocent passers-by from attempting to pet the dog.
(1985 Code, § 4-4.5-2) (Ord. 14C-1984, passed - -1984; Ord. C2-1985, passed - -1985; Ord. 5-1985, passed 8-13-1985; Ord. 2008-6, passed 10-8-2008) Penalty, see § 10.99
(A) The first occasion on which a dog commits an attack without warrantable cause shall constitute prima facie evidence that the dog is vicious.
(B) Upon being notified of or discovering any such attack, it shall be the duty of the Dog Warden to impound the dog in the manner provided by § 91.01.
(C) If the dog has succeeded in biting or scratching any person during the attack, the Dog Warden shall also promptly notify the County Health Officer of the incident, and may not release the dog from impoundment without the authorization of the County Health Officer.
(1985 Code, § 4-4.5-3) (Ord. 14C-1984, passed - -1984; Ord. C2-1985, passed - -1985)
A dog which has been impounded on the first occasion for a vicious attack may be released to its owner or keeper in accordance with the same procedures and requirements of the release of other impounded dogs as prescribed by § 91.01, but subject to any applicable further restriction as provided by § 91.17 above and to the following additional requirements.
(A) The dog may only be released directly to its owner or keeper who acknowledges possession of the dog as his or her property, and who is over 18 years of age.
(B) The Dog Warden shall keep a special record detailing the incident of viciousness and including:
(1) A description of the dog;
(2) The city license tag number of the dog;
(3) The name and address of the acknowledged owner or keeper claiming the dog; and
(4) A pledge, signed by the owner or keeper, acknowledging the above and certifying that he or she understands and will strictly abide by the requirements for keeping the vicious dog as prescribed by § 91.16.
(C) An owner or keeper who has signed a pledge as provided by division (B)(4) above may not sell, give, or transfer principal custody of the dog to another person within the city without informing the other person that the dog is vicious and must be kept in accordance with § 91.16.
(1985 Code, § 4-4.5-4) (Ord. 14C-1984, passed - -1984; Ord. C2-1985, passed - -1985) Penalty, see § 10.99
In the event that any dog which has been found vicious in accordance with § 91.17 commits any further attack without warrantable cause, the dog shall be deemed to pose an undue public nuisance and hazard to the public safety and welfare, and shall be subject to summary destruction. However, if the Dog Warden deems that the dog may be safely captured by ordinary means, he or she shall impound and keep the dog confined for not less than 72 hours before destroying the dog, and shall inform the owner or keeper as recorded pursuant to § 91.17 that he or she may file an appeal with the City Council prior to the end of the 72-hour period, and if an appeal is so filed the dog shall be kept impounded pending the City Council’s decision. Destruction of a dog impounded under this section may also be delayed by order of the County Health Officer.
(1985 Code, § 4-4.5-5) (Ord. 14C-1984, passed - -1984; Ord. C2-1985, passed - -1985)
(1985 Code, § 4-4.5-6) (Ord. 14C-1984, passed - -1984)