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(A) It shall be unlawful for any person to have, keep or harbor a fierce or vicious cat or dog within the City. Fierce or vicious cats or dogs are declared to be a public nuisance.
(B) Any person found guilty of violating subsection (A) of this Section shall not subsequently permit the fierce or vicious animal to be upon the public streets, sidewalks, public parks, or any other public place within the Municipality, except when muzzled and held under leash by an able-bodied person. Any such animal shall not be permitted on private property except when muzzled and held under leash by an able-bodied person or when such animal is securely confined indoors, or in a securely enclosed and locked pen or other enclosure. Such pen or other enclosure shall be constructed with secure sides and a secure top. If the pen or enclosure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot (1').
(C) In addition to any penalties which are provided in this Code for a violation of this Section, the Municipal Judge shall have the authority, upon a conviction for a violation of this Section, and upon making a finding that such dog or cat constitutes a clear and present danger to the citizens of the City, to order that such dog or cat be destroyed in a humane manner by the Animal Control Officer or by persons so authorized by the City Manager. In the event a vicious dog or cat cannot be taken up and caught by the Animal Control Officer or any police officer without such officer being exposed to danger of personal injury from such dog or cat, it shall be lawful for such officer to forthwith destroy such dog or cat without notice to the owner, keeper or possessor thereof. A second conviction of any person or persons for violating subsection (A) of this Section with respect to the same animal shall create a rebuttable presumption that such animal constitutes a clear and present danger to the citizens of the City. A third conviction of any person or persons with respect to the same animal shall, in addition to other penalties imposed by this Chapter, require that an order be issued by the Municipal Court Judge authorizing the destruction of such animal. (Ord. 4, Series of 1988)