(A) Definition.
(1) An animal which has aggressively bitten, attacked, or endangered or has inflicted severe injury on a person on public or private property. However, the fact that an animal has bitten or attempted to bite some person when that person was teasing or mistreating the animal or its owner shall not be deemed a vicious animal within the sense of this section;
(2) An animal which has more than once severely injured or killed a domestic animal while off of its owner's property;
(3) An animal which has been used or trained for dog fighting; or
(4) An animal, which when unprovoked, chased or approached a person on public grounds in a menacing fashion or apparent attitude of attack, if the actions are attested to in a sworn statement and investigated by the appropriate authority.
(B) Investigation. An animal control authority must investigate reported incidents involving any dog that may be dangerous. He or she must, if possible, interview the owner and the person who wants to have a dog classified as dangerous. The owner of any dog that is the subject of this investigation that is not impounded with the animal control authority must confine it in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any subsequent hearings. The address of where the animal resides must be provided to the animal control authority. The dog cannot be relocated or sold pending the outcome of the investigation and hearings.
(C) Hearings. After the investigation, the authority must determine whether there is sufficient cause to classify the dog as dangerous. It must give the owner notice and an opportunity for hearing before making its final determination. The owner may request a hearing within seven days after receiving the notice. If requested, the hearing must be held as soon as possible, but not more than twenty-one (21) days and no sooner than five (5) days after receiving the owner's request. The owner can appeal to the court a determination that the dog is dangerous. Within fourteen (14) days of a final determination that a dog is dangerous, its owner must register it with the City Clerk. The person obtaining the registration must be at least eighteen (18) years old and the registration must be renewed annually at a fee of twenty-five dollars ($25.00). The owner must keep the dog securely confined indoors or in a securely enclosed and locked pen or structure, designed to prevent young children from entering and to prevent the dog from escaping.
(D) Confinement. It shall be unlawful for the owner or other person in charge thereof to keep in the city any vicious animal unless same is confined in a pen or restrained in such a manner that it cannot bite mail carriers, delivery men, sanitation workers, or other licensees or invitees coming onto the premises where such animal is kept.
(E) Biting. Whenever any person has been bitten by an animal of another, an Animal Control Officer shall have authority to take possession of such animal and keep it securely confined at a place designated by the City Council for observation for such length of time as the law requires to determine whether or not such animal is suffering with rabies. The costs of such confinement shall by assessed to the owner of such animal and shall be in addition to any other penalties assessed to the owner.
(F) Remedies. The remedies provided in this section are cumulative and shall in no way affect any other remedies provide by law and shall be in addition to the criminal or civil prosecution of the owner or keeper of any vicious animal.
(Ord. 2003-04 § 7, 2003)