It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the city any vicious animal, except and subject to the standards and requirements herein set forth.
A. Sale Or Transfer Of Ownership Prohibited: No person shall sell, barter or in any other way dispose of a vicious animal registered within the city to any other person within the city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such vicious animal; provided that the registered owner of a vicious animal may sell or otherwise dispose of a vicious animal to persons who do not reside within the city. At any time that a vicious animal is located within the confines of the city the standards and requirements of this section will apply.
B. Licensing Of Vicious Animals:
1. No person shall possess any vicious animal within the city for a period of more than forty eight (48) hours without having first applied for license therefor from the city.
2. An application for a license to possess a vicious animal shall be filed with the city clerk on a form prescribed and provided by the city clerk and shall be accompanied by all of the following:
a. Verification of the identity of the owner and current address by providing a photostatic copy of the owner's driver's license, or other acceptable identification.
b. Acknowledgment of ownership of the vicious animal.
c. A copy of any current immunization, county license and health record of the vicious animal prepared by a veterinarian licensed to practice in the state.
d. A certificate of insurance evidencing coverage in an amount not less than one million dollars ($1,000,000.00) providing coverage for any injury, damage or loss caused by the vicious animal.
e. Identification of the vicious animal by species and breed along with any identifying markings.
f. Two (2) photographs of the vicious animal to be licensed taken not more than one month before the date of the application.
(1) One photograph shall provide a front view of the vicious animal and shall clearly show the face of the animal.
(2) One photograph shall show a side view of the vicious animal.
(3) The police department shall review the photographs and if positive identification cannot be made with those submitted additional photographs shall be required. The police department shall notify the owner of the vicious animal and that owner will have ten (10) working days to provide the photographs required by the police department.
g. A license fee of one hundred dollars ($100.00).
h. A grant of permission by the applicant authorizing the police department to go upon the premises whereat the vicious animal is to be kept, for the purpose of performing the inspection required by subsection C of this section.
i. Such other information as may be required by the city clerk.
C. Inspection: Upon receipt of an application, the city clerk shall forward such application to the police department which shall cause an inspection of the premises on which the vicious animal shall be kept to determine that all provisions of this chapter relating to confinement and posting of a sign have been complied with by the applicant. Upon completion of the inspection, the police department shall notify the city clerk in writing whether or not the premises comply with the requirements of this chapter.
D. Approval Or Denial Of License: Upon receipt of the results of the police department inspection, the city clerk shall notify the applicant of the approval or denial of the license. In the event that the license is denied, the notification shall be provided in writing and the reasons for such denial shall be stated. Upon approval, the city clerk shall issue a license to the applicant.
E. Confinement Of Vicious Animal: It shall be unlawful for any person to possess a vicious animal unless the vicious animal is confined in accordance with this section.
1. Confinement Indoors: No vicious animal may be kept on a porch, patio or in any part of a house or structure that would allow the vicious animal to exit the structure on its own volition. No vicious animal shall 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 vicious animal from exiting the structure.
2. Confinement In An Exterior Yard: No person shall permit a vicious animal to be in an exterior area unless such vicious animal is confined in a confinement structure constructed and maintained in accordance with this chapter, except that a vicious animal may be confined outside of a confinement structure in a manner set forth in the next following subsection.
3. Confinement On Leash: No person shall permit a vicious animal to go outside a confinement structure, house or other structure unless the vicious animal is securely restrained with a leash no longer than four feet (4') in length and fitted with a muzzle. No person shall permit a vicious animal to be kept on a leash unless a person is in physical control of the leash. No leash restraining any vicious animal shall be attached to any inanimate object including, but not limited to, trees, posts, stakes and buildings.
F. Sign Required: Any person possessing a vicious animal which has been licensed as required herein shall at all times keep posted on the premises whereat said animal is kept, a sign which is readable from the midpoint of the street closest to said premises, or in the case of a corner lot from the midpoint of the street on which any house or other structure thereon faces, which said sign shall provide adequate warning that a vicious animal is kept on the premises.
G. Reporting Requirements Of Licensee: Any person holding a license pursuant to this chapter shall report the occurrence of any of the following events to the police department:
1. The sale, barter, exchange, gift or death of any vicious animal shall be reported within forty eight (48) hours.
2. The escape from confinement of any vicious animal shall be reported upon discovery of the escape.
3. The biting or nipping of any person or animal by a vicious animal shall be reported upon occurrence.
4. The permanent removal of any vicious animal from the territorial limits of the city shall be reported within forty eight (48) hours of such removal by surrender of the license of the owner to the city clerk. (Ord. 680, 8-9-2004)