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(A) Any animal exhibiting behavior set forth in this section is hereby declared to be a dangerous animal. It shall be unlawful for any owner or custodian of an animal to permit or allow said animal, without intentional provocation to:
1. Cause bodily injury or death to any person at any place within the city; or
2. Approach any person in a menacing or terrorizing manner, or in an apparent attitude of attack, while off the owner's or custodian's property; or
3. Kill another animal while off the owner's or custodian's property; or
4. Attack any person who is lawfully on the owner's or custodian's property.
It shall be an affirmative defense to charges under this section if the victim of the attack has made an unlawful entry into the dwelling or enclosed premises of the owner or custodian, or was attacked or injured during the commission of a crime against the owner or custodian.
Impoundment of animals whose owners or custodians have been cited for a violation of this section shall be at the discretion of the animal control officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the animal control officer or his agent to impound such animal.
Nothing in this chapter shall be construed to prevent the animal control officer from taking whatever action is necessary to protect his or her person or other members of the public from injury or damage, including immediate destruction of any dangerous animal without notice to the owner or custodian.
(B) Any person found guilty of violating subsection (A) of this Section shall not subsequently permit the dangerous 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 animal constitutes a clear and present danger to the citizens of the City, to order that such animal be destroyed in a humane manner by the Animal Control Officer or by persons so authorized by the City Manager. In the event a dangerous animal 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 animal, it shall be lawful for such officer to forthwith destroy such animal 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; amd. Ord. 12, Series of 2020)