(A) Definition. The definition of a vicious, dangerous or fierce animal is contained in § 10-3-1 of this chapter. No animal shall be declared vicious, dangerous or fierce if:
1. It is owned by a public entity or a governmental or law enforcement unit used primarily to guard public or private property; and
2. The threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal or has in the past, been observed or reported to have teased, tormented, abused or assaulted the animal, or was committing or attempting to commit a crime.
(B) Confinement on premises. No person owning or harboring or having the care of a fierce, dangerous or vicious animal shall suffer or permit such animal to go unconfined on the premises of such person. A fierce, dangerous or vicious animal is “unconfined” as the term is used in this section if such animal is not securely confined indoors, or confined in a securely enclosed and locked pen or structure upon the premises of the registered owner or caretaker of the animal. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than two feet. An animal that is securely and humanely locked in a motor vehicle belonging to the owner or caretaker shall be considered confined for purposes of this section.
(C) Control off premises. No person owning or harboring or having the care of a fierce, dangerous or vicious animal shall suffer or permit such animal to go beyond the premises of such person unless such animal is securely leashed with a leash not exceeding three feet in length, and muzzled, except that a dangerous dog shall not be required to be muzzled when either shown in a sanctioned American Kennel Club show or upon prior written approval of the city’s Chief of Police.
(D) Public notification. The owner or caretaker of any vicious, dangerous or fierce animal shall display on his or her premises a warning sign that there is a vicious, dangerous or fierce animal on the property. This sign shall be capable of being read from the public street or highway. The sign must have letters at least two inches in width and two inches in height and reading “Beware Of Vicious Dog”, or “Beware Of Dangerous Dog” or “Beware Of Fierce Dog” or as otherwise determined by the city.
(E) Registering vicious, dangerous or fierce animals. Any owner or caretaker of a vicious, dangerous, or fierce animal shall register with the city’s Police Department with the following minimal information: name; address; telephone number (including work phone numbers), of all responsible parties relating to the animal, to be updated at the renewal of each license. This will also include breed, sex, color, weight, age of animal, tattoo number or embedded chip number, license number and rabies information.
(F) Four digit tattoo or microchip identification technology. The owner, keeper or caretaker shall, at his or her own expense, have a unique identifying, four digit number tattooed on the inner thigh or a microchip embedded between the shoulders of the vicious, dangerous or fierce animal. This number is to be assigned by the city’s Police Department or any person designated by the city’s Police Department. The tattoo or embedded chip may be applied by a licensed veterinarian or person trained as a tattooist and authorized as such by a state, county, city, town or other law enforcement department. A tattoo shall be applied with an indelible or permanent ink. The tattoo number or embedded chip number shall be recorded on the license of the tattooed animal.
(G) Police Department notification. The owner, keeper or caretaker shall notify the city’s Police Department or its designated authority within three hours if a fierce, dangerous or vicious animal is loose, unconfined, has attacked another animal or has attacked a human being. If a fierce, dangerous or vicious animal has died, been sold or has been given away, the owner, keeper or caretaker must give notice to the city’s Police Department within two working days.
(H) Insurance requirements. The owner or caretaker of a fierce, dangerous or vicious animal shall present to the city’s Police Department or its designated authority, proof that the owner or caretaker has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such fierce, dangerous or vicious animal during the 12-month period for which licensing is sought, which policy shall contain a provision requiring the city’s Police Department to be notified by the insurance company of any cancellation, termination, or expiration of the liability insurance policy.
(I) Strict liability. In the event that a minor is the owner, keeper or caretaker of a fierce, dangerous or vicious animal, the parent or guardian of that minor shall be responsible for compliance with the specifications of this chapter for the care and housing of the animal and shall also be strictly liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by the animal.
(J) Vaccinations. All vicious, dangerous and fierce animals shall obtain all appropriate vaccinations for the particular species as it relates to the health, safety and welfare of the citizens of the city.
(K) Damage by vicious, dangerous or fierce animal. If any vicious, dangerous or fierce animal shall, when unprovoked, kill or wound, or assist in killing or wounding any domestic animal, or shall, when unprovoked, attack, assault, bite or otherwise injure any human being or assist in attacking, assaulting, biting or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of such animal, or while otherwise, on or off the property of the owner or keeper whether or not such dog was on a leash and securely muzzled or whether the animal escaped without fault of the owner or keeper, the owner or keeper of such animal shall be strictly liable to the person aggrieved as aforesaid, for all damage sustained. It is rebuttably presumed as a matter of law that the owning, keeping or harboring of a vicious, dangerous or fierce animal, in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any such action, to prove that the owner or keeper of such vicious, dangerous or fierce dog possessed the propensity to cause such damage or that the vicious animal had a vicious, dangerous or fierce nature. Upon such attack or assault, the animal control officer or Police Department is hereby empowered to immediately impound the vicious, dangerous or fierce animal.
(L) Enforcement. The animal control officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any police officer or peace officer is hereby empowered to seize and impound any vicious, dangerous or fierce animal whose owner or caretaker fails to comply with the provisions hereof.
(M) Penalties. In the event that the owner or caretaker fails to comply with the specifications of this code which include, but are not limited to, any vicious, dangerous or fierce animal which does not have a valid license in accordance with the provisions of this chapter; or whose owner or caretaker does not secure the liability insurance coverage required in accordance with this chapter; or which is not maintained on property with an enclosure; or which is found to be outside of the dwelling of the owner or caretaker, or outside of an enclosure except as provided in this chapter; or which is not tattooed; shall be impounded by the animal control officer or police officer and the owner or caretaker is guilty of a misdemeanor.
(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)