A. Any dog of vicious, dangerous or fierce propensities, whether licensed or not, shall at all times be confined in a substantial pen. It shall be prima facie evidence that a dog is fierce, dangerous or vicious within this section if such dog has bitten any human being or other dog; provided, however, that it shall not be considered prima facie that a dog is fierce, dangerous or has vicious propensities if the person or dog bitten was a trespasser upon the property of the owner of such dog at the time of biting.
B. Each female dog or cat in heat shall be at all times confined in a substantial pen in such a manner that no other dog or cat except another dog or cat of the owner of such dog or cat may come into contact with such dog or cat.
C. Any dog within the meaning of this section which is found running at large, or a cat in violation of this section, shall be taken up and impounded and shall not be released except upon the approval of the sheriff of Mineral County or his designate and after the payment of all charges provided for in this chapter.
D. If any dog found at large, or cat in violation of this section, cannot be safely taken up and impounded, such dog or cat may be destroyed by the animal control officer, the sheriff of Mineral County or any of his deputies under the following circumstances:
1. The owner, if known, is contacted; and
2. Said known owner is given an opportunity to seize the dog or cat on behalf of the animal control officer; or
3. The dog or cat poses an immediate threat to humans who are not pursuing such animal and not on the owner's property or an immediate threat to other animals not on the owner's property; or
4. An immediate threat to the owner's property exists such as, but not limited to, fuel leaks, fires or flooding.
E. Any dog license shall be revoked for the licensed dog if such dog is found to be dangerous within the meaning of this section, and no other license shall be issued for such dog. (MC Ord. 102A § 2, 1986)