§ 90.35 ACTIONS ALLOWED BY AUTHORIZED PERSONS PRIOR TO HEARING.
   (A)   If any dog shall attack a person or domestic animal who was peaceably conducting himself or herself in any place where he or she may lawfully be, any person, for the purpose of preventing imminent injury or further injury, may use such force as is required to stop the attack.
   (B)   A police officer or animal control officer acting pursuant to his or her duties may, where the threat of serious injury to a person or domestic animal is imminent and unjustified, use such force as is required to prevent such injury.
   (C)   (1)   A police officer or animal control officer may, when a wild or vicious animal is found off the premises of its owner, seize the animal and have the same destroyed in a humane manner if the police officer or animal control officer determines this is necessary to protect the health and safety of the general public.
      (2)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         VICIOUS ANIMAL. Any animal that is mean, has an aggressive behavior that is potentially harmful to the general public. No such animal shall be kept where a child could gain open access to the animal and adequate means shall always be provided to keep the general public or persons who enter the premises with actual or implied permission from the owner or occupant from contact with said animal.
         WILD ANIMAL. One which is not normally domesticated or easily restrained or regulated.
      (3)   No animal will be destroyed without some reasonable attempt to notify the owner unless there is a risk of impending harm to any person or property which would make said notice unreasonable.
(Ord. 10, 2006, passed 10-3-2006)