(A) Dangerous conduct by dog prohibited.
(1) The owner or custodian of any dog which commits any of the acts defined in this chapter as dangerous may be cited for a misdemeanor, and the police officer or animal control officer may seize and impound the dog until the matter has been adjudicated.
(2) The conduct shall not be deemed dangerous if the victim (person, domestic animal or livestock) was committing a tort against the dog’s owner or custodian, or committing a trespass or other tort on the premises of the dog’s owner or custodian. Specifically prohibited are the following acts:
(a) If the dog acts although unprovoked by teasing, taunting or a threatening manner by any person, approaching said person in an apparent attitude of attack upon the streets, sidewalks, public grounds or places, common areas within subdivisions or mobile home or recreational vehicle parks, common grounds of apartment buildings, condominiums or townhouse developments, or private property not solely owned or possessed by the owner or custodian of the dog; or
(b) Biting, inflicting injury, assaulting or otherwise attacking a human being or domestic animal or livestock without justifiable provocation.
(B) Prohibited animals/dog(s). No person may own or harbor or have custodial care of any of the following types of dangerous animals or dog(s):
(1) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals or livestock, unless restrained and/or confined as provided in this chapter; or
(2) Any dog which has been trained as an attack dog, except dogs used by law enforcement agencies.
(C) Impoundment and/or destruction.
(1) (a) Any dog whose owner or custodian has been found guilty of or entered a plea of guilty to the offense of dangerous conduct by his or her dog is subject to impoundment and/or destruction.
(b) For a first offense, the court shall set the matter for sentencing and notify the office of the city prosecutor of the date, time and place of sentencing.
(c) The prosecutor may request that the court order the destruction of the dog. If the court determines that destruction is warranted, it shall issue an order authorizing any animal control officer or police officer to enter the property where the dog is located and to seize the dog and impound it for destruction if the animal has not been voluntarily surrendered by 5:00 p.m. on the date of sentencing.
(2) Destruction of a dangerous animal is permitted even if it has not been involved in a bite or injury of a person (breaking of the skin and has no history of rabies vaccination).
(D) Subsequent violations.
(1) (a) Upon the conviction or plea of guilty to a second or subsequent offense of dangerous animal conduct, regardless of the form of the current or any prior judgment, if the subsequent conduct involved the dog being dangerous, the court shall order destruction of the dog.
(b) If the court determines that destruction is warranted, it shall issue an order authorizing any animal control officer or police officer to enter the property where the dog is located and seize the dog and impound it for destruction if the dog has not been voluntarily surrendered by 5:00 p.m. on the date of sentencing.
(2) If the subsequent conduct did not involve the dog being dangerous, the court may, but is not required to, order destruction of the dog regardless of the form of the current or prior judgment.
(E) Owner liability.
(1) An adult owner or custodian of a dangerous dog shall be liable for all injuries and property damage sustained by any person or by any animal caused by an unprovoked attack by any dangerous animal, plus all costs, civil judgments or penalties, criminal fines, final terms, veterinary fees, shelter impound fees and any other penalties and orders.
(2) In the event that the owner or custodian of the dangerous dog is a minor, the minor’s parent or guardian shall be so liable.
(F) Failure to surrender dog. It shall be a separate offense to fail to surrender a dog for impoundment and/or destruction.
(Ord. 518, passed 12-5-1989; Ord. 530, passed 1-5-1993; Ord. 582, passed 3-15-2005; Ord. 651, passed 6-3-2015) Penalty, see § 90.99