(A) No owner or person may harbor or keep a fierce or vicious dog at any time within the limits of the city, and must report such dog to the Police Department immediately upon discovering such condition.
(1) Any person owning, keeping or harboring a dog that has bitten any person shall immediately thereafter surrender such dog to the custody of the Police Department and if, in the opinion of the Chief of Police or his duly authorized representative, it a necessary to impound such dog, said dog will be impounded in the city dog pound for a period of ten days at a charge to the owner at the rate set forth in § 91.23(B) so that such dog may be placed under observation for a period of ten days. The word dog used in this chapter shall mean both male and female.
(2) Any person allowing a dog to habitually remain and be lodged within his or her house, store, building, enclosure or premises shall be considered as harboring or keeping the same within the meaning of this chapter.
(B) Whenever a dog is brought to the pound for having bitten a person, the Mayor or his duly authorized agent, may, if deemed necessary and advisable, and after holding such dog for a sufficient length of time to meet the other requirements of this section, cause such dog to be destroyed as a vicious dog; however, the Mayor, or his duly authorized agent must notify the owner of such dog, if known, of his intent to destroy such dog. Such notice must be delivered, in writing, either in person or by certified mail, to the owner of the dog. Upon receipt of such notice, the owner shall have 120 hours in which to seek a review by the district court of the city of the order of the Mayor or his duly authorized agent for the destruction of such dog.
(C) All persons shall be liable for damage for any and all injuries to persons or property that may be caused by any dog owned by them, which damages may be determined and collected in appropriate civil proceedings therefor, in which proceedings the proof of the failure or refusal by such owner to comply with the provisions of this section shall constitute prima facie evidence of negligence on the part of such owners.
(D) In all cases where a person has been charged with a violation under this chapter and the dog has bitten a person, or where a person charged with a violation under this chapter has pleaded guilty or has been convicted of a previous offense under this chapter within two years, a court appearance shall be mandatory.
(‘68 Code, § 4-407) (Ord. 452, passed 5-22-73; Am. Ord. 857, passed 4-17-17) Penalty, see § 91.99