Loading...
A. No person shall own or harbor any animal for the purpose of fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to attack or menace human beings or domestic animals when not provoked.
B. No person shall sell, offer for sale, breed, buy, or attempt to buy any vicious animal within the city.
C. Any vicious animal found within the city is declared to be a public nuisance. The vicious animal shall be impounded and the animal control officer shall either order the owner to remove the vicious animal from the jurisdictional limits of the city, or in the alternative, order the vicious animal to be humanely euthanized. (Ord. 1745, 8-2-1993; amd. Ord. O2022-09, 6-21-2022)
No animal shall be declared a restricted animal or vicious animal under any of the following circumstances:
A. If at the time of the incident a person was committing a crime or other tort upon the premises occupied by the owner of the dog. This exception does not apply where the animal menaces, or bites, or inflicts injury, or assaults, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property;
B. If at the time of the incident a person or other domestic animal was teasing, tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have teased, tormented, abused, or assaulted the dog;
C. If at the time of the incident the animal was being threatened or intimidated under circumstances where the animal was not allowed free opportunity to escape;
D. If at the time of the incident the animal was working for hunting, herding, or animal control purposes on the property of or under the control of its owner, and the injury was to a species or type of animal appropriate to the work;
E. If at the time of the incident the animal was protecting or defending a person within the immediate vicinity of the animal from an attack or assault;
F. If the animal was serving as a military, correctional, or police animal at the time of the incident and the animal was behaving as trained;
G. If at the time of the incident the animal was reacting to pain or injury; or
H. If at the time of the incident the animal was protecting itself or its offspring. (Ord. 2309, 7-20-2009; amd. Ord. O2022-09, 6-21-2022)
A. Enforcement: Authorized officers and employees of the police department, and any other persons designated by the chief of police, shall be empowered to enforce the provisions of this article.
B. Humane Euthanization: For any animal ordered to be humanely euthanized pursuant to this article, such procedure shall only be carried out by a veterinarian. (Ord. 1745, 8-2-1993)
C. Penalties:
1. Any person who violates any provision of this article shall be guilty of a misdemeanor punished as provided in the general penalty in section 1-4-1 of this code. (Ord. 1745, 8-2-1993; amd. 2005 Code)
2. In addition to the penalties prescribed by this subsection, any person who violates any order of the chief of police or animal control officer in respect to the disposition of any animal determined to be a vicious animal shall be liable for a civil penalty of not more than five thousand dollars ($5,000.00).
D. Pre-existing Declarations: If an animal was previously declared to be a potentially dangerous animal pursuant to prior ordinance, then such animal shall be deemed to be a restricted animal. If an animal was previously declared to be a dangerous animal pursuant to prior ordinance, then such animal shall be deemed to be a vicious animal. (Ord. 1745, 8-2-1993; amd. Ord. O2022-09, 6-21-2022)
A. Whenever an animal is impounded and/or humanely euthanized pursuant to this article, the owner of the animal shall be solely responsible for all the costs relating to such impoundment and/or humane euthanasia.
B. The provisions of this article are to be considered cumulative and in addition to all other enforcement mechanisms available to the city and no action taken pursuant to this article shall preclude the city from enforcing any other ordinances pertaining to animals or nuisances.
C. An animal that has been previously declared to be the equivalent of a restricted animal or vicious animal by another jurisdiction shall be deemed a restricted animal or vicious animal if the circumstances leading to the declaration in the other jurisdiction would have been sufficient for such a declaration had the events occurred within the city of Mitchell. An owner of an animal declared to be the equivalent of a restricted animal or dangerous animal in another jurisdiction shall inform the police department of the owner's intention to bring such an animal into the city of Mitchell. The owner shall provide sufficient facts relating to the declaration from another jurisdiction so that the police department can investigate the matter and reach a determination on how the animal would be classified in Mitchell. Upon reaching a determination that the animal's out of jurisdiction incident would result in the animal being a restricted animal or vicious animal within the city of Mitchell, the provisions relating to such classifications shall apply as if the out of jurisdiction incident had occurred within the city of Mitchell. (Ord. O2022-09, 6-21-2022)