(A) It shall be unlawful for any person to own, harbor, keep, maintain or possess any dog or have under his or her control, any dog of dangerous, vicious or fierce propensities or tendencies within the limits of the city, or to keep or harbor any dog that has previously engaged in any behavior that qualifies such a dog for determination as a dangerous or vicious dog as provided by this section.
(B) No person who owns, harbors, keeps or maintains any dog of dangerous, vicious or fierce propensities shall permit such dog to be off the premises where the dog is owned, kept, harbored or maintained or to otherwise run at large. Any dog shall be deemed to be running at large when it is off the premises where it is owned, kept, harbored or maintained unless it is securely chained or tied on a leash or kept in a pen or within doors in a building.
(C) If any dog bites or attempts to bite any person then such dog shall be conclusively presumed to be a dangerous dog and a dog of dangerous propensities and tendencies, except as provided in division (E) below.
(D) If any dog attacks or attempts to attack any other dog or other animal while such dog is at large, or chases a person in an aggressive manner while the dog is at large, then the dog shall be conclusively presumed to be a vicious dog and to have vicious propensities and tendencies.
(E) If any dog has previously been determined to be a vicious or dangerous dog in any other jurisdiction under a similar statute or ordinance, then such dog shall be deemed to be a dangerous dog under this section.
(F) No dog may be declared dangerous or vicious that inflicts injury or damage on a person committing a willful trespass or other tort, or crime, or attempting to commit such trespass, tort or crime upon premises occupied by the owner of the dog. No dog may be declared dangerous or vicious for taking any action to defend or protect a human being or itself from an unjustified attack or assault by another animal or person, in any prosecution under this section in which it is claimed that the exception created by this division (F) exists, such claim shall be an affirmative defense, and the person charged with the violation of this section shall have the burden to prove the existence of facts supporting this claim by a preponderance of the evidence.
(G) If a dog is determined to be a dangerous or vicious dog under this section, and such dog has not previously been determined to be a dangerous or vicious dog under this section or any other similar ordinance or statute, then upon conviction under this section, the court may order the Police Department to dispose of the dangerous dog in an expeditious and humane manner, or it may require the owner or person in possession or control of such dog to remove the dog from the city limits. In the event that the dog has previously been determined to be a dangerous or vicious dog under this section or any other similar ordinance or statute, then the court shall order the Police Department to dispose of the dangerous dog in an expeditious and humane manner or it shall require the owner or person in possession or control of such dog to permanently remove the dog from the city limits.
(H) Any officer or agent of the Police Department may immediately confiscate a dog of dangerous, vicious or fierce propensities that is found to be in violation of this section, and upon confiscation and placement of such dog by an officer or agent of the Police Department, the owner shall be responsible for the reasonable costs incurred for the care of such dog confiscated or for the destruction of any dangerous dog that has been confiscated or destroyed pursuant to this section. The court is further authorized to order any individual who is convicted for a violation of this section to pay the reasonable costs incurred for the care of the dangerous dog that has been confiscated or for the costs of the destruction of such dangerous dog.
(Ord. 420, passed 11-13-2018) Penalty, see § 90.99