A. An owner of an aggressive animal is in violation of this section if that animal is:
1. Off leash;
2. Left unattended;
3. Uncontrolled; or
4. Not safely secured in an area to prevent any attack upon a person(s) or animal(s).
B. An animal may be declared aggressive if any of the following occur:
1. The animal engages in unprovoked aggressive behavior that requires immediate defensive action by any person(s) or animal(s) on public or private property to prevent bodily harm, physical pain or injury, illness, or any impairment of physical condition.
2. The animal, when unprovoked or non-defensively, has bitten a person(s) or animal(s) on public or private property, causing injury.
3. The animal has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of a person(s) or animal(s) as witnessed and/or documented by Animal Control or a law enforcement agency.
C. Any animal that has been declared aggressive and the owner is found to be in violation of this section, shall upon court order have the animal spayed or neutered at the owner's expense and provide proof of alteration to Animal Control within 14 days of sentencing. Failure or refusal by owner is a violation of this section.
D. An animal found in violation of this section twice in any consecutive 12 month period, may then be deemed a vicious animal.
(Ord. 12-1078, passed 6-12-2012)