Upon a finding by the district court that a dog is vicious and must be confined to the premises of its owner, its owner shall comply with the following requirements for licensing:
(A) License application. The owner shall apply to the Police Department for vicious dog license which shall be valid for 1 year from the date of its approval provided all conditions of this ordinance section and applicable court order have been met. The license shall be renewable provided that the dog is to be kept on the same premises under the same conditions and its owner has not violated any condition of this chapter section or court order during the previous license year. No such license shall be transferable to a new owner of the dog or to a new location or address where the dog will be kept.
(B) Insurance. Prior to the receipt of a license, the owner shall present to the Marine City Police Department proof that the owner has procured liability insurance in the amount of at least $100,000 covering any damage or injury which may be caused by the vicious dog during the 12-month period for which licensing is sought, which policy shall contain a provision requiring the city to be named as additional insured for the sole purpose of the city to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy. In addition, the owner shall sign a statement attesting that the owner shall maintain and not voluntarily cancel the liability insurance during the 12-month period for which licensing is sought, unless the owner shall cease to own the vicious dog prior to expiration of such license.
(C) Tattooing dog. Prior to receipt of a license, the owner shall, at his or her own expense, have the licensing number assigned to the vicious dog, or such other identification number as the Marine City Police Department shall determine, tattooed upon such vicious dog by a licensed veterinarian or person trained as a tattooist and authorized as such by any state or city police department. The tattoo shall be placed either on the upper inner lip or upper left rear thigh of the vicious dog.
(D) Signs. Prior to receipt of a license, the owner shall display a sign in a prominent place on his or her premises warning of a vicious dog on the premises. The sign shall be visible and capable of being read from the public highway.
(E) Confinement outdoors. Prior to receipt of a license, the owner shall provide for the confinement of the vicious dog. Specifically, when outdoors, the dog shall be confined in a pen or structure with secure sides and top attached to the sides. The structure shall be embedded in the ground no less than 2 feet and constructed in accordance with standards set forth in the Marine City Building Code. Such structure shall not exceed 6 feet in height. It shall, in addition, be constructed of materials and consist of a design suitable to prevent escape of the animal and entry of young children. Additionally, the size and location of the structure shall comply with the Marine City Zoning Ordinance provisions, including lot coverage and setback requirements, applicable to accessory structures on the premises. Whenever the animal is inside the structure, the structure shall be locked with a padlock or key lock. Such pens or structures must be adequately lit and kept in a clean and sanitary condition.
(F) Confinement indoors. No vicious dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit of its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting.
(G) Identification photographs. Prior to receipt of a license, the owner shall provide the Police Department with 2 color photographs of the vicious dog which clearly show the color and approximate size of the animal.
(H) License fee. The owner shall pay a license fee in an amount established by City Commission (fee to be set by resolution).
(I) License regulations. The owner shall also comply with § 94.03 regarding licensing of dogs. Rather, application for a license for a vicious dog shall be made prior to the transfer or harboring of the dog on the applicant's premises or other premises proposed for keeping the dog. A vicious dog shall be required to be licensed regardless of its age. Further, a nonresident shall not keep within the municipality any dog which has been determined to be vicious by any governmental authority.
(Prior Code, § 6-18) (Ord. 91-8, passed 10-7-1991) Penalty, see § 94.99