(A) An animal maybe declared to be vicious by the Animal Control Officer or Police Officer for the following reasons:
(1) An animal which, in a vicious or terrorizing manner, approaches in an apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a person or other animal upon any public ground or place;
(2) An animal which on private property in a vicious or terrifying manner approaches in an apparent attitude of attack, or bites or inflects injury or otherwise attacks a person or other animal who is on private property by reason of permission of the owner or occupant of such property or who is on private property in the course of dealing with the owner or occupant of such property;
(3) Any animal of a known propensity, tendency or otherwise threaten the safety of human beings or animals; or
(4) No animal maybe declared vicious if the injury or damage is sustained to any person or animal who was tormenting, abusing or assaulting the animal or who was trespassing on the property by committing or attempting to commit a crime.
(B) When the animal control officer or police officer declares an animal to be vicious; the officer shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal. Said notice shall be served either in person or by mailing such notice by certified mail.
(C) The owner of an animal that has been declared vicious shall make application to the animal control officer or police department to register said vicious animal and shall comply with the following:
(1) The owner of the animal shall notify the animal control officer or police department of any changes in the following:
(a) Ownership of the animal;
(b) Name, address and telephone number of a new owner;
(c) Address change of the owner or any change in where the animal is housed; and
(d) Any change in the health status of the animal or death of the animal;
(2) If the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six feet and under the control of a person over 18 years of age.
(3) If the animal is outdoors and unattended, the animal must be locked in an escape proof kennel approved by the animal control officer or police department. Minimum standards shall include the following:
(a) Fencing material shall not have openings with a diameter of more than 2 inches.
(b) Any gates with such pen or structure shall be lock able and of such design to prevent the entry of children or the escape of the animal.
(c) The pen or structure shall have secure sides and top. If the pen or structure has not bottom secured to the sides, the sides shall be embedded in the ground or concrete.
(d) The pen or structure shall protect the animal from the elements.
(e) The pen or structure maybe required to have a double exterior wall to prevent the insertion of fingers or other objects.
(4) A universal sign denoting a vicious animal shall be displayed on the pen or structure visible from the sidewalk/street and adjacent to the property where the animal is kept.
(5) The owner shall carry $100,000 liability insurance covering the medical and/or veterinary costs resulting from the vicious animal's actions or any other damage the animal may do. Proof of insurance shall be filed with the Gregory Police Department annually.
(D) The vicious animal shall be impounded by the police department, at the owner's expense until such time as the provisions in division (C) are compiled with.
(E) If the conditions in division (C) are not met within a period of 30 days, the animal shall be euthanized. All costs associated with impoundment, compliance with division (C) herein, and euthanasia shall be paid by the owner.
(F) The owner or care taker of a vicious animal shall immediately notify the animal control officer or police department if the animal should become loose or attacks a human or animal.
(G) If the vicious animal is owned by a minor, the parent/guardian of the minor shall be responsible for the compliance of all the regulations imposed and liable for all injuries or damages sustained by any person caused by an attack by the animal.
(H) Any vicious animal found off the premises of the owner, other than provided by this section, shall be seized by the animal control officer or police department and impounded. If the animal cannot be captured, the animal control officer or police department officer may have the animal destroyed. If the animal was seen off the property or if it bites a person or animal, the animal will be delivered to the city's shelter within 24 hours and the owner to appear in court to show cause why this animal should not be destroyed. The animal control officer or police department officer shall use such means as necessary to impound the animal. The owner shall bear all cost of impoundment and board.
(Ord. 188, passed 11-7-2005; Am. Ord. 2017-09, passed 12-4-2017) Penalty, see § 10.99