(A) Prohibited acts.
(1) No person may own, capture, breed, train, or lease any animal which he or she knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between such animal and any other animal or human, or the intentional killing of any animal for the purpose of sport, wagering, or entertainment.
(2) No person shall promote, conduct, carry on, advertise, collect money for or in any other manner assist or aid in the presentation for purposes of sport, wagering, or entertainment, any show, exhibition, program, or other activity involving a fight between two or more animals or any animal and human, or the intentional killing of any animal.
(3) No person shall sell or offer for sale, ship, transport, or otherwise move, or deliver or receive any animal which he or she knows or should know has been captured, bred, or trained, or will be used, to fight another animal or human or be intentionally killed, for the purpose of sport, wagering, or entertainment.
(4) No person shall manufacture for sale, shipment, transportation or delivery any device or equipment which the person knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between two or more animals, or any human and animal, or the intentional killing of any animal for purposes of sport, wagering or entertainment.
(5) No person shall own, possess, sell or offer for sale, ship, transport, or otherwise move any equipment or device which such person knows or should know is intended for use in connection with any show, exhibition, program, or activity featuring or otherwise involving a fight between two or more animals, or any animal and human, or the intentional killing of any animal for purposes of sport, wagering or entertainment.
(6) No person shall make available any site, structure, or facility, whether enclosed or not, which he or she knows or should know is intended to be used for the purpose of conducting any show, exhibition, program, or other activity involving a fight between two or more animals, or any animal and human, or the intentional killing of any animal.
(7) No person shall attend or otherwise patronize any show, exhibition, program, or other activity featuring or otherwise involving a fight between two or more animals, or any animal and human, or the intentional killing of any animal for the purposes of sport, wagering or entertainment.
(8) No person shall tie or attach or fasten any live or dead animal to any machine or device propelled by any power for the purpose of causing such animal to be pursued by a dog or dogs.
(B) Seizure and disposition of animals and other items illegally used in entertainment.
(1) The Department may seize and impound any and all animals and seize any equipment, money or other proceeds utilized in or directly related to any violation of this section. Animals and other items impounded or seized shall be held for evidence and for final disposition by the court or an administrative hearing unit of appropriate jurisdiction.
(2) The Department shall give notice to the person from whom the animals, equipment, money or other proceeds were seized pursuant to division (B)(1) above, or to the person in possession as owner, or lessee of the premises where said items were found, or if the names of any of these persons are unknown to the Department upon reasonable inquiry, by posting notice upon the outer door of the premises. The notice shall be directed to any person claiming an interest in the property or money, to come before the court on a specified date, not less than three days from the date of the notice, and to show cause, if any, why the items should not be sold at public auction as contraband, or otherwise be forfeited as contraband to the city for disposition as authorized by this section.
(3) If in the court's or hearing unit's opinion, after hearing, or upon the default of those notified to appear, it appears to the court or hearing unit that the items seized are in fact contraband, the court or hearing unit shall order disposition of said items in one or more of the following ways:
(a) Any animals forfeited under this section shall be either humanely euthanized, offered for adoption, or otherwise disposed of in accordance with any controlling provision of the city code or state law.
(b) Any money forfeited under this section shall be forfeited to the city treasury.
(c) Any other items forfeited under this section shall be sold at public auction to the highest bidder for cash, and the proceeds paid into the city treasury.
(Ord. 3584, passed 8-11-08) Penalty, see § 91.18