A. Prohibited; Violation, Penalty: It shall be unlawful for any animal to bite or attempt to bite any person, or to harass, worry, intimidate, chase, bite or attempt to bite any animal. It shall further be unlawful for any person to possess, harbor, feed, keep or otherwise maintain any such animal within the city limits. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not in excess of three hundred dollars ($300.00), or six (6) months in jail, or both said fine and imprisonment. Each day a person is in violation of this section constitutes a separate offense.
B. Hearing: Any person charged with a violation of subsection A of this section, may, within seven (7) days of being charged, submit a written request for a hearing before the city council to show cause why the provisions of subsection A of this section should not be enforced against him or her.
1. Further, that if the city council finds that such animal is a vicious animal at said hearing, the city council may, in its discretion, authorize said animal to be destroyed by the animal control officer and/or place any other restrictions on said animal as the city council deems necessary. The decision of the city council shall be final.
C. Disposition Of Animals: Any animal impounded under the provisions of this chapter and remaining unclaimed after notice to the owner, or an animal whose owner is unknown, or any animal who has bitten any person and is thereafter unclaimed, or an animal who after examination by a veterinarian is found to have rabies or other disease rendering said animal dangerous to persons or other animals may be destroyed at the direction of the animal control officer.
D. Exceptions: Acceptable reasons for not enforcing the provisions of subsection A of this section are limited to the following:
1. The animal was provoked.
2. The animal was defending itself. (Ord. 98-14 §1, 1998)