(A) (1) It shall be unlawful for any person to keep or permit to be kept on his or her premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.
(2) It shall be unlawful for any person to keep or permit to be kept any wild animal as a pet unless a permit is granted by the Department of Natural Resources of the state, the United States Department of Interior and other governmental bodies and agency, federal or state, which have jurisdiction over the animals.
(3) It shall be unlawful for any person to harbor or keep a vicious animal within the city. Any animal which is found off the premises of its owner may be seized by the Humane Officer or any police officer and upon establishment, to the satisfaction of any court of competent jurisdiction, of the vicious character of the animal, it may be killed by a police officer or Humane Officer. This section shall not apply to animals under the control of a law enforcement or military agency, nor to animals which are kept for the protection of property, provided that the animals are restrained by a leash or chain, cage, fence or other adequate means, from contact with the general public or with persons who enter the premises with the actual or implied permission of the owner or occupant.
(4) The Humane Officer may issue a temporary permit not to exceed 30 days for the keeping, care and protection of any infant animal native to the area which has been deemed to be homeless.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL. Any individual animal which when either unmuzzled, unleashed or unattended by its owner, or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person or other animal in an apparent attitude or attack upon streets, sidewalks or any public grounds or places.
ENCLOSURE. A fence or structure of a least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a vicious animal in conjunction with other measure which may be taken by the owner or keeper, such as the tethering of a vicious animal within the enclosure. The ENCLOSURE shall be securely enclosed and locked and designed with secured sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.
FOUND TO BE VICIOUS ANIMAL.
(a) The Health Officer or a law enforcement officer has conducted an investigation and made a finding in writing that the animal is a vicious animal as defined herein and, based on that finding, the Health Officer has declared it writing that the animal is a vicious animal; and
(b) The circuit court has found the animal to be a vicious animal, as defined herein, and has entered an order based on that finding.
VICIOUS ANIMAL.
(a) As follows:
1. Any individual animal that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property;
2. Any individual animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
3. Any individual animal that has as a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals unless handled in a particular manner or with special equipment;
4. Any individual animal attacks a human being or domestic animal without provocation; or
5. Any individual animal which has been found to be a “dangerous animal” upon three separate occasions.
(b) No animal shall be deemed
VICIOUS if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties. Dogs shall not be classified VICIOUS in a manner that is specific to a breed.
(c) If any animal is found to be a
VICIOUS ANIMAL, the animal shall be subject to enclosure.
WILD ANIMAL. Any live monkey or ape, raccoon, skunk, fox, snake or other reptile, leopard, panther, tiger, lion, lynx or any other animal or any bird of grey which can normally be found in the wild state.
(Ord. 1153, passed 8-30-1989; Am. Ord. 1216, passed 3-2-1993) Penalty, see § 97.99