For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL.
(1) Any animal which constitutes a physical threat to human beings or other domestic animals by virtue of a known propensity to endanger life by unprovoked assault or bite or scratch so as to cause serious bodily harm; or
(2) Any animal that approaches a human being upon the streets, sidewalks, or any public grounds in a vicious or terrorizing manner or an attitude of aggression when unprovoked; or
(3) Any animal with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury to or otherwise endanger the safety of a human being or domestic animal; or
(4) Any animal which bites, inflicts injury to, or otherwise attacks a human being or domestic animal without provocation on public or private property; or
(5) Any animal which scratches, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property; or
(6) Any animal which behaves in such a manner that the owner thereof knows or should reasonably know that the animal possesses a tendency to attack, bite, or scratch a human being; or
(7) Any animal certified by a licensed or certified aggression dog trainer, evaluator, or behaviorist, after observation thereof, as posing a danger to human life if not kept in a manner required by this chapter upon the basis of behavioral probability; or
(8) Any animal that cannot be vaccinated against rabies with an approved rabies vaccine, and any animal which has no established rabies quarantine observation period.
(9) Exceptions. Any animal may not be deemed dangerous solely because:
(a) It bites, scratches, attacks, or menaces:
1. Anyone assaulting its owner. This shall not include any law enforcement officer attempting to subdue or affect the arrest of or detain a suspect.
2. It has attacked or attempted to attack any person or animal that has tormented or abused it.
(b) It is otherwise acting in defense of any attack from a person or other animal upon its owner or any other person;
(c) It is defending its young and on its owners property;
(d) Anyone entering the owner's property to commit robbery, burglary, assault, or other crime or entering a secured building without permission. Simple trespassing by a person onto private property may not be considered provocation for any attack.
(e) It is severely injured or incapacitated.
(f) Any animals which are employed by a police department in the state or any animal which has been certified either nationally or by the state for use in police work, provided that the animal is owned and in the possession of the person who initially trained the animal and for whom the certification was meant.
(10) Any person or entity who violates this section shall be subject to the penalty provided in § 91.99 of this chapter.
ENCLOSURES/RESTRAINT FOR DANGEROUS ANIMAL.
(1) Enclosures for dangerous animals shall be a covered fence or fabricated structure at least six feet in height, installed beneath ground level or in concrete or pavement to prevent digging under it, and with a gravel or concrete floor, sufficient size to allow the animal to stand, sit, and turn around in a natural position, and which allows for adequate exercise for the size/breed being kept. Enclosures shall be designed to prevent the entry of children or unauthorized persons. Such enclosures shall be securely locked with a combination or key lock which has been designed to prevent accidental or malicious opening of the enclosure. The enclosure must contain proper shelter and a shaded area and be properly ventilated. The owners residence, other existing residence, or storage building are not appropriate enclosures for a dangerous animal, unless approved by an animal control officer. Any structure may be subject to approval by the city Building Department, and it is the responsibility of the owner to comply with building codes if required.
(2) Restraint for a dangerous animal shall be:
(a) On the premises of the owner and confined in a secure enclosure as previously defined; or
(b) If off the premises of the owner, the animal must be accompanied by the owner, securely muzzled and restrained with a leather or nylon lead or leash having the tensile strength to restrain the animal and not to exceed six feet in length. The lead or leash must be under the control of a person over 18 years of age and physically able to restrain the animal. The muzzle shall be made in such a manner that will not cause injury to the animal or interfere with the animal's vision or respiration but shall prevent the animal from biting any human or other animal.
(3) Any person or entity who violates this section shall be subject to the penalty provided in § 91.99 of this chapter.
(Ord. G-13-11, passed 5-16-2013)