A. Defined: "Vicious dog" means a dog that has bitten a person without provocation or a dog that has a known propensity to attack or bite human beings. Nothing contained in this definition shall be construed as requiring that the owner, person in custody, possession or control of the said dog or the person harboring, keeping or maintaining the said dog shall be required to have scienter; scienter not being required in order for an owner, or a person in custody, possession or control of the said dog or the person harboring, keeping or maintaining the said dog to be found guilty of any offense under this chapter.
B. Maintaining Prohibited: Notwithstanding any other provisions contained in this code, it shall be unlawful for any person to own and/or possess, harbor, keep or maintain a vicious dog or other animal within the city. Whenever a prosecution for this offense is commenced, the dog or other vicious animal so involved may not be redeemed, pursuant to the provisions of this chapter, while awaiting final decision of the court as to the disposition to be made of such dog or other animal. (Ord., 10-17-1990)
C. Disposition Upon Trial: Upon a trial of any offense under this section, the court may, upon conviction and in addition to the usual judgment of conviction, order the animal control officer or other authorized personnel of the city to put the dog or other animal to death or may order such other disposition of the dog or other animal as will protect the inhabitants of the city. (Ord., 10-17-1990; amd. 2002 Code)
D. At Large; Authority To Destroy: Any vicious dog or other animal running at large or loose within the premises of the owner or person having custody or control of such dog or other animal where it is reasonably likely to endanger the life or limb of or cause injury to any person lawfully entering such premises, shall immediately be captured by the city's designated representative and humanely destroyed. If the capture of such dog or animal cannot be accomplished after a reasonable attempt or without serious risk of harm to the person charged with the responsibility of the capture, such dog or other animal may be destroyed by any law enforcement officer where found by the safest and most appropriate means available. It shall be the duty of the owner or person having custody or control of any vicious dog or other animal upon request to assist in the capture of such dog or animal. (1980 Code § 13-254; amd. 2002 Code)