(a) Keeping of Vicious Animals Prohibited. No person shall keep, possess, harbor, maintain or have the care, custody or control of a vicious animal in the City.
(b) Control of Dogs.
(1) No person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dog shall suffer or permit such dog to:
A. Be at large in the City unless securely attached upon a leash not more than six feet in length;
B. Be unsecured while on the premises of the owner;
C. Snap at, attempt to bite or attempt to cause physical harm to any other person or other animal while the dog is off the premises of the owner, or while the dog is on premises not exclusively controlled by the owner;
D. Cause physical harm to the property of another while the dog is off the premises of the owner or while the dog is on premises not exclusively controlled by the owner;
E. Bite or otherwise cause physical harm to any other person or other animal; or
F. Be secured in a manner that would prohibit access to a public utility meter or within four feet of a public sidewalk.
(2) No person shall own, keep, possess, harbor, maintain or have the care, custody or control of a vicious dog in the City.
(c) Defenses.
(1) It shall be an affirmative defense to a violation of paragraph (c)(1) hereof that the dog was:
A. Securely confined in an automobile or cage which was adequately ventilated;
B. Being used for lawful hunting purposes;
C. Being exhibited at a public dog show, zoo, museum or public institution; or
D. Engaged in any activity expressly approved by the laws of the State.
(2) It shall be an affirmative defense to a violation of paragraphs (b)(1)C., D. and E. hereof that, at the time of the occurrence, such other person or other animal was unlawfully on the property owned or exclusively controlled by the owner of such dog, and that such dog was not unsecured.
(3) No public law enforcement agency or member thereof, or a licensed private law enforcement agency or member thereof, shall be convicted of a violation of subsection (b) hereof where the dog is owned by the agency and is being utilized for law enforcement purposes.
(4) Lack of intent or knowledge is not a defense to a violation of this section.
(d) Penalty.
(1) Whoever violates any of the provisions of this section, for which no penalty is otherwise provided, is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02.
(2) Whoever violates paragraph (b)(1)C. hereof is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02.
(3) Whoever violates paragraph (b)(1)A. or B. hereof is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense. Punishment shall be as provided in Section 698.02.
(4) Whoever violates paragraph (b)(1)D. hereof is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02.
(5) Whoever violates paragraph (b)(1)E. or (b)(2) hereof is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 698.02.
(6) A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(7) In addition, any vicious dog which attacks a human being or another animal may be ordered destroyed when, in the court's judgment, such vicious dog represents a continuing threat of serious harm to human beings or other animals. Any person found guilty of violating this Section 618.17 shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of breed of the animal, or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.
(Ord. 87-17. Passed 6-1-87; Ord. 04-19. Passed 5-3-04; Ord. 06-03. Passed 2-21-06.)