(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG.
(a) Any dog which meets one of the following criteria:
1. Is owned or harbored primarily or in part for the purpose of dog fighting;
2. Is trained for dog fighting; or
3. Has according to the records of the city or any law enforcement agency or Animal Control Authority providing services to the city:
a. Killed or inflicted severe injury on a human on public or private property;
b. Killed a domestic animal without provocation while the dog was off of the owner’s property; or
c. After having been determined to be a potentially DANGEROUS DOG and where the owners receive notice of such determination, then aggressively bites, attacks or endangers the safety of humans or domestic animals.
(b) A dog shall not be deemed a DANGEROUS DOG if:
1. The dog is a trained dog assisting a police officer engaged in law enforcement duties; or
2. If the threat, any injury that is not a severe injury, or the damage was sustained by a person who:
a. At the time was committing a willful trespass as defined in the statutes of the state and this code or any other tort upon the property of the owner or harborer of the dog;
b. At the time was tormenting, abusing or assaulting the dog;
c. Has in the past been observed or reported to have tormented, abused or assaulted the dog; or
d. At the time was committing or attempting to commit a crime.
OWNER. Any person, firm, corporation, organization, political subdivision or department possessing, harboring, keeping or having control or custody of a dog. This shall include a person temporarily in possession of a dog at the request of the owner of the dog.
SEVERE INJURY. Any physical injury that results in disfiguring lacerations requiring multiple sutures or cosmetic surgery or one or more broken bones, or that creates a potential danger to the life or health of a victim.
(B) Any dog which meets one or more of the following criteria may be determined to be a potentially dangerous dog by the City Prosecutor, or any law enforcement agency or animal control authority providing services to the city:
(1) Any dog that when unprovoked:
(a) Inflicts a non-severe injury on a human or injures a domestic animal either on public or private property; or
(b) Chases or approaches a person upon streets, sidewalks or other public grounds in a menacing fashion or apparent attitude of attack.
(2) Any specific dog with a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to threaten the safety of humans or domestic animals.
(3) The determination that a specific dog is a potentially dangerous dog shall be made by the City Prosecutor or any law enforcement agency or animal control authority providing services to the city. The owner of the dog shall be given written notice of such determination. Such written notice shall inform the owner that if the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals, the city may determine the dog to be a dangerous dog and require it to be restrained as provided in this code.
(C) (1) A determination that a specific dog is a dangerous dog shall be made by the City Prosecutor or any law enforcement agency or animal control authority providing services to the city. The owner of the dog shall be given written notice of such a determination. The notice shall be in writing and shall inform the owner:
(a) The dog has been determined to be dangerous;
(b) The dog is required to be restrained and confined as described in this section;
(c) If the owner disputes the identification of the dog as a dangerous dog, he or she may submit a written request for a hearing to the City Administrator within five working days after receipt of the written notification; and
(d) If no such hearing is requested, that the identification of the dog as a dangerous dog shall be final and not subject to further review.
(2) The timely request for a hearing under this section shall stay the determination of the dog as a dangerous dog until a final decision is made by the City Administrator. The hearing shall be held before the City Administrator within a reasonable time after the request is made. The burden of going forward with the evidence shall be on the city to demonstrate that the dog meets one of the criteria listed in division (A)(1) above. After such hearing the City Administrator shall have the authority to affirm, reverse or modify the identification of the dog as a dangerous dog.
(D) (1) No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.
(2) While unattended on the owner’s property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground. The pen or structure shall also protect the dog from the elements. The owner of a dangerous dog shall post a warning sign on the property where the dog is kept that is clearly visible and that informs persons that a dangerous dog is on the property.
(E) No person shall:
(1) Own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging that dog to unprovoked attacks upon human beings or domestic animals; or
(2) Possess with intent to sell, offer for sale, breed or buy or attempt to buy, within the city any dangerous dog.
(F) Any dangerous dog may be immediately confiscated by any law enforcement officer or any animal control authority providing services to the city if the owner is in violation of this section. Any dangerous dog may also be confiscated if, within two weeks immediately preceding the date of confiscation, it was observed in a condition when it was not properly confined or restrained as provided in this section. The owner shall be responsible for the reasonable costs incurred by the city for the care of a dangerous dog confiscated by an animal control officer or other law enforcement officer and shall also be lawful for the destruction of any dangerous dog if the action by the city is pursuant to law and if the owner violated this section. Any dangerous dog shall be retained by the city pending the order of an appropriate court.
(G) In addition to any other penalty, a court may order the city to dispose of a dangerous dog in an expeditious and humane manner.
(Prior Code, § 6-111) (Ord. 687, passed 7-6-2006) Penalty, see § 92.99