A. Complaint: Any person reasonably apprehensive over the safety of his person, family or property because of the threatening, predatory, menacing, destructive or vicious actions of any animal may make a complaint to the animal control officer, providing such information as the animal control officer requires. Such proceedings may also be initiated by an animal control officer upon information developed in the course of his duties. The animal control officer, after investigation and consultation with the owner or custodian, and upon finding that there is good cause to believe that an animal poses a threat of injury to persons, animals or property, may declare such animal vicious. The owner of such animal shall immediately be notified in writing of the declaration and shall immediately thereafter maintain said animal in an enclosed cage or other secure enclosure as required by this chapter, or by the lawful directives of the animal control officer.
B. Appeal: Any owner aggrieved by the classification of his animal as vicious, may request, in writing, a hearing before the city council at the next regularly scheduled meeting at which the appeal request may be accommodated. The request for appeal must be filed with the city clerk within fourteen (14) days of the date on the declaration of the animal as vicious. Notice of any such appeal hearing shall be provided by mail or personal delivery to any complaining party or adjoining property owner at least seven (7) calendar days in advance of the appeal hearing. Subject to procedural rulings by the mayor, any appealing party, as well as those opposing such appeal, may present witnesses, evidence and argument in support of the appeal, and the city council shall by a vote of the majority of the members present either affirm or reverse the findings of the animal control officer. The mayor may establish time limits and procedural standards for presentation of any such appeal.
C. Guidelines For Determination: In determining whether or not an animal is vicious, the animal control officer shall be guided by the following:
1. Whether or not the animal has bitten or attempted to bite any person or persons;
2. Extraneous circumstances surrounding the occasion indicating the temper or potential ferocity of the subject animal;
3. Its general menace to the public or to specific individuals;
4. The potential for the animal to attack or menace again;
5. The record or history of compliance with animal regulations by the animal's owner; or
6. The propensity of the breed of animal, according to documented authority, to display aggressive or vicious characteristics.
D. Applicable To Vaccinated, Licensed Animals: These provisions shall apply even though the animal in question may have been vaccinated or licensed as required by this chapter.
E. Confinement Requirements:
1. Every animal declared vicious shall be confined by its owner or authorized agent of its owner within a building or secure enclosure which complies with this chapter. The secure pen or structure must have secure sides and a secure top attached to the sides, or in the alternative to a secure top, the sides must be of such height that the enclosed animal could not, under any foreseeable circumstances in the opinion of the animal control officer, escape by jumping or otherwise. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet (2'), or be otherwise designed to prevent any possibility of escape by digging by the animal. All such pens, enclosures or structures must be adequately lighted, be kept clean and in sanitary condition and comply in all respects with applicable zoning and building codes. The pen must be set back five feet (5') from property line.
2. A vicious animal may be temporarily allowed out of said secure enclosure if such freedom from confinement occurs when accompanied at all times by a person large and strong enough to control the animal and if securely muzzled. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children, other than those of the owner, do not have access to such animal and that the animal cannot access others, either adults or children. The pen, enclosure or structure shall be locked and shall have displayed in a prominent place a clearly visible sign, at least eight and one-half inches by eleven inches (81/2" x 11") in size, in at least two (2) conspicuous locations on the property, indicating that there is a vicious animal on the premises. The owner of a vicious animal shall not suffer or permit the animal to go beyond the premises of the owner unless the animal is caged or securely muzzled and restrained by a chain or leash not more than three feet (3') in length, and under the physical restraint of a person large enough and strong enough to control the animal. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
F. Residence Location Furnished: It shall be the duty of the owner of a declared vicious animal to furnish the animal control officer or law enforcement officer with the residence location of said animal unless or until the vicious designation is removed, even if such location is not within the city.
G. Liability Insurance Required: The owner of an animal declared vicious pursuant to this section must secure and maintain general liability insurance, in an amount of not less than five hundred thousand dollars ($500,000.00), which insures against the liabilities which derive from custody of the vicious animal. Proof of this insurance shall be displayed to any animal control officer, city staff or law enforcement officer upon demand. Said insurance shall be obtained within ten (10) days from the date that the animal is declared vicious. Noncompliance with the requirements of this subsection by any owner of an animal designated as vicious shall constitute a violation of this chapter, subject to all penalties or methods of enforcement authorized hereby.
H. Microchip: The owner of an animal declared vicious pursuant to this chapter shall have a microchip inserted into the animal and include in the information associated with that microchip that the animal has been declared vicious. The information regarding the declaration of the animal as a vicious animal shall not be removed or altered until the designation is removed by the city. (Ord. 197, 1-8-2013)