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A. Cruelty: It shall be unlawful for any person to maltreat or torture any animal, or to kill any animal unless there is a legal privilege to do so and it is done in a humane manner.
B. Possession Of Fierce, Dangerous Or Destructive Animals: It shall be unlawful for any person to keep, own or possess a fierce, dangerous, vicious or malicious animal. It shall be considered prima facie evidence that the animal is fierce, dangerous, vicious or malicious if the animal bites or attacks a person or domestic animal without apparent provocation outside of the owner's property. In a criminal or civil prosecution of this subsection the county attorney shall request that the court make a finding of fierce, dangerous, vicious or malicious animal and shall provide advance notice to the animal owner.
C. Dogs Disturbing Neighborhood:
1. It shall be a class C misdemeanor for any person to own, keep or harbor within the county, any dog which by barking, howling, yelping or other noise, disturbs the peace and quiet of the neighborhood or persons therein.
2. In prosecuting an offense of subsection C1 of this section it shall be conclusive proof that the noise disturbs the peace and quiet of the neighborhood or persons therein if: a) the noise can be heard on the property of another, and b) between the hours of one minute after ten o'clock (10:01) P.M. and seven o'clock (7:00) A.M., the noise is continuous for period of five (5) minutes or more or intermittent for a period of fifteen (15) minutes or more, or between the hours of one minute after seven o'clock (7:01) A.M. and ten o'clock (10:00) P.M. the noise is continuous for a period of fifteen (15) minutes or more or intermittent for a period of thirty (30) minutes or more.
3. Before a prosecution of subsection C1 of this section may proceed the person must be warned verbally or in writing by any county official. In addition to any other penalty allowed by law, upon a first conviction a person shall pay a fine of not less than one hundred fifty dollars ($150.00). Upon a second conviction within twelve (12) months a person shall pay a fine of not less than three hundred dollars ($300.00).
D. Animal Bites: A person who owns or possesses an animal shall be guilty of animal bite if the animal bites or attacks any person or domestic animal. It is no defense that the animal is on a leash, chained or confined, if the leashing, chaining or confining is on public property or on private property where the public has access to be on such property. It is a defense if the animal was intentionally provoked while on private property and the bite occurred on private property. The owner or custodian of any animal is in violation of this section regardless of the precautions taken to prevent the bite or attack and regardless of the lack of knowledge of the offense at the time it occurs. In a criminal prosecution of this section the county attorney shall request that the court make a finding as set forth in subsection B of this section.
E. Violation: Unless otherwise stated, a violation of this section may be punished as a class C misdemeanor by no less than a one hundred fifty dollar ($150.00) fine. A violation of this chapter is a mandatory appearance.
F. An appropriate entity may obtain the consent of the Sheriff to possess a known fierce, dangerous, vicious, or malicious animal so long as the entity agrees to maintain appropriate precautions to ensure the safety of the public and agrees to indemnify the county against any liability that may arise due to the animal. The Sheriff has the sole discretion to give consent and to determine the appropriate precautions. (Ord. 2014-4, 4-28-2014, eff. 5-13-2014; amd. Ord. 2014-14, 7-28-2014, eff. 8-12-2014; Ord. O-2020-13, 6-10-2020)