(A) This section shall apply to aggressive animals. AGGRESSIVE (VICIOUS) ANIMALS include:
(1) Any animal, according to the record of the appropriate authority provided. This section shall not apply to animals under the control of a law enforcement or military agency;
(2) An animal shall be deemed aggressive if:
(a) Did bite or attack once, causing wounds or injuries creating a potential danger to the health or life of a human being without provocation in a public or private place where the person was conducting himself or herself peacefully and lawfully;
(b) Required defensive action by any person to prevent physical injury or property damage, where the animal has acted without provocation, in a public or private place where the person was conducting himself or herself peacefully and lawfully;
(c) Could not be controlled or restrained at the time of a bite or attack upon an animal or person;
(d) Any animal owned, harbored, or trained primarily or in part for the purpose of animal fighting.
(B) An animal shall be declared aggressive/vicious only after Marion Animal Care and Control Service has received an affidavit of complaint by an individual under oath, stating all pertinent facts to support the allegation that the animal is aggressive/vicious. If Marion Animal Care and Control determines the complaint is valid, Marion Animal Care and Control shall file a complaint in court. The court, after hearing all the evidence, shall make the final determination as to whether the animal qualifies as an aggressive/vicious animal.
(C) Any owner of an animal which qualifies under this section as an aggressive (vicious) animal must:
(1) Register the animal with Marion Animal Care and Control within ten days of the effective date of the subchapter. Registration shall include name, address, and telephone number of the animal’s owner, the address where the animal is to be harbored if different from the owner’s address, a complete identification of the animal including the animal’s sex, color, and any other distinguishing characteristics, two color photographs of the animal, a description of the method of compliance with the confinement requirements, $50,000 proof of liability insurance or other evidence of financial responsibility, and a registration fee of $100 per year;
(2) Notify the Marion Animal Care and Control immediately if the animal is given or sold to a new owner, providing Marion Animal Care and Control with the new owner’s name, address, and telephone number. If the animal is moved to another address, Marion Animal Care and Control shall make an onsite inspection making sure this section is complied with. Registration will continue, but the new owner must comply with the other provisions of this subchapter;
(3) Notify the Marion Animal Care and Control immediately if the animal becomes loose or unconfined, attacks livestock, another domestic animal, or human being, or inflicts any property damage;
(4) Notify Marion Animal Care and Control of the death of the animal within ten days of the death;
(5) Confine the animal in a humane way inside or outside of the owner’s property, in a secure enclosure so that it cannot escape of its own volition. The owner’s property must contain a sign easily readable to the public saying “Beware of Canine” or “Aggressive Animal”, posted on all four sides of the property;
(6) Allow the animal to go off the owner’s premises only when it is muzzled and kept on a leash or restraint, no more than six feet long, under the control of a responsible person. The animal must be tattooed or have a microchip placed in the animal. Appointments must be made within 24 hours after the animal is released from the care of Marion Animal Care and Control to the owner;
(7) The owner must provide proof of rabies vaccination before the animal is to be released. If proof cannot be shown then an appointment with a licensed veterinarian for rabies vaccination must be made within 24 hours after being released from the care of Marion Animal Care and Control to owner;
(8) Upon the release of said animals, they must be spayed or neutered at the owner’s expense within 24 hours; and
(9) Upon a second unrelated bite conviction, the animal will immediately become the property of Marion Animal Care and Control by order of the court to be humanely euthanized. A violation of this section shall be subject to the penalties described in all other sections of this subchapter. In addition, the court in its discretion can order the animal impounded by Marion Animal Care and Control at the owner’s expense, until the owner complies with the terms of this section, or order the animal to be humanely euthanized when necessary, to preserve the public health, safety, and the welfare of the community.
(Ord. 25-2021, passed 12-28-2021) Penalty, see § 94.99