§ 90.023  DETERMINATION THAT ANIMAL IS A VICIOUS DOG.
   (A)   When the animal control officer determines that an animal is vicious, he or she shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal withing five business days after the receipt of such written notice. The notice shall be served either in person or by mailing such notice by certified mail.
   (B)   The owner of an animal that has been declared vicious shall make application to the animal control office to register such vicious animal and shall comply with the following:
      (1)   The owner of the animal shall notify the animal control officer of the following:
         (a)   Ownership of the animal;
         (b)   Name, address, and telephone number of new owner;
         (c)   Address change of the owner or of any change in where the animal is housed;
         (d)   A change in the health status of the animal;
         (e)   Death of the animal.
      (2)   If the animal is indoors, the animal shall be under the control of a person over 18 years old.
      (3)   If the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six feet and under the control of a person over 18 years of age.
      (4)   If the animal is outdoors and unattended, the animal must be locked in an escape-proof kennel approved by the animal control officer.
      (5)   The minimum standard for fencing, pens, or similar structures are the following:
         (a)   Fencing materials shall not have opening with a diameter of more than two inches; in the case of a wooden fence, the gaps shall not be more than two inches.
         (b)   Any gates within in such pen or structure shall be lockable and of such design to prevent the entry of children or the escape of the animal.
         (c)   The required pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the side, the sides shall be imbedded into the ground or concrete.
         (d)   The pen or structure must protect the animal from the elements.
         (e)   The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects.
      (6)   The animal shall be permanently identified by injecting an identification microchip into the animal using standard veterinary procedures and practices. The number and the veterinarian who injected the microchip is to be reported to the animal control officer.
      (7)   A universal sign denoting a vicious animal shall be displayed on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the animal is kept.
      (8)   The owner shall carry $100,000 liability insurance covering the medical and/or veterinary costs resulting from the vicious actions or any other damage the animal may do or cause to be done. Proof of such insurance shall be filed with the animal control officer.
      (9)   The owner shall present proof of current rabies vaccination and current municipal license of the animal to the animal control officer.
      (10)   The owner shall present proof to the animal control officer that the animal has been altered to prevent reproduction.
   (C)   The vicious animal shall be impounded by the animal control officer at the owner's expense until such time as all provisions of division (B) have been complied with.
   (D)   If the provisions of division (B) have not been met, the animal shall be seized and euthanized in a humane manner.
   (E)   (1)   Any vicious animal found off the premises of its owner, other than provided for in this chapter, shall be seized by the animal control officer or any police officer and impounded. If the animal cannot be captured, it shall be destroyed.
      (2)   If the animal has been running at large, or bites a person, or bites another animal, that animal control officer or any police officer may order the owner to deliver the animal to the shelter within 24 hours and the owner ordered to appear in court to show cause why the animal shall not be destroyed. If the owner of the animal fails to deliver the animal as ordered, the animal control officer or any police officer shall use such means as necessary to impound the animal.