A. Confinement Required: No owner or custodian of a dog shall keep a "vicious animal" as defined in section 5-2-1 of this chapter within the city limits unless such dog is confined within an absolutely secure enclosure.
B. Specifications Of Confinement Structure: A vicious dog is unconfined if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure must have secure sides and either: 1) a secure top attached to the sides, or 2) be not less than ten feet (10') in height. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot (1'). All such pens or structures must be adequately lighted and kept in a clean and sanitary condition. It is unlawful for any owner to maintain a vicious animal upon any premises which does not have a locked enclosure. (Ord. 1993-7, 12-9-1993)
C. Muzzle And/Or Chain Or Leash Required: The owner of the vicious dog shall not allow or permit the dog to go beyond the premises of the owner unless the dog is securely muzzled and restrained by a "chain" or "leash" as defined below. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any human or animal. The vicious dog shall be restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3') in length and shall be under the direct control and supervision of the owner of the vicious dog. (Ord. 1993-7, 12-9-1993; amd. 2007 Code)
D. Warning Sign Required: The owner of a vicious dog shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious dog on the premises. Such sign shall be in large enough lettering to be read from the street. A similar sign is required to be posted on the pen or kennel of the animal.
E. Power Of Animal Control Officer: An animal control officer is empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such animal control officer is empowered to seize and impound any vicious animal whose owner fails to comply with the provisions of this chapter. In the event that the owner of the animal refuses to surrender the animal to the animal control officer, the animal control officer may request a police officer to obtain a search warrant and to seize the animal upon execution of the warrant.
F. Assault: Any dog which, when unprovoked, assaults any human or domestic animal is vicious. Assault includes, but is not limited to, lunging, excessive barking or growling, or baring of the teeth at any human or domestic animal through, by or near a fence.
G. Liability Of Owner:
1. Adult Owner: An adult owner of the vicious animal shall be liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by any vicious animal, plus all costs, civil judgments or penalties, criminal fines, final terms and any other penalties and orders.
2. Minor Owner: In the event that the owner of the vicious animal is a minor, the parent or guardian of such minor shall be liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by any vicious animal, plus all costs, civil judgments or penalties, criminal fines, final terms and any other penalties and orders.
H. Dogfights; Attack Animals: No person shall possess, harbor or maintain care or custody of any dog for the purpose of dogfighting, or train, torment, badger, bait, or to use any dog for the purpose of causing or encouraging the dog to attack human beings or domestic animals.
I. Duty To Report Animal Bites:
1. Owner Or Custodian: When an owner or custodian of an animal has knowledge that his or her animal has bitten a human being, such owner or custodian shall notify the animal control center of such bite, the time and circumstances of such bite, and the name and address of the person bitten, if known.
2. Person Bitten: Any person who is bitten by an animal shall notify the animal control center of such bite, giving description of the animal, the time and circumstances of the bite, and the name and address of the owner, if known.
3. Medical Personnel: When a doctor, veterinarian, hospital employee or other person has information that a person has been bitten by an animal, such person shall notify the animal control center.
J. Penalty:
1. Misdemeanor: Any dog which, when unprovoked, attacks, scratches, kills, wounds, bites or otherwise injures any human or domestic animal is vicious and such action constitutes a misdemeanor for the owner.
2. First Offense: If this is a first offense for the animal, then the court shall set the matter for sentencing and notify the office of the city attorney of the date, time and place of sentencing. In addition to any fine and jail time imposed, the court may order as part of the sentence that the dog be turned over to the animal control center for destruction. If the court does order the destruction of the dog, then it shall also order the animal control center to seize the dog in the event that it is not turned over to animal control within five (5) days of the order. Each day following the day of the order that the dog is not turned over to the animal control center is a separate misdemeanor.
3. Second Offense: If this is a second offense for the animal, then the court, without notice to the office of the city attorney, shall order as a part of the sentence, that the dog be turned over to animal control center for destruction and shall simultaneously issue an order to the animal control center to seize the dog in the event it is not turned over within five (5) days unless the office of the city attorney or the animal control center requests in writing that no destruction order be given. Each day following the day of the order that the dog is not turned over to the animal control center is a separate misdemeanor. (Ord. 1993-7, 12-9-1993)