For use in this chapter, the following terms are defined:
1. “Dangerous animal” means:
A. Badgers, wolverines, weasels, skunk and mink;
B. Raccoons;
C. Bats;
D. Scorpions;
E. Opossums;
F. Piranhas.
2. “Vicious animal” means any animal, except for a dangerous animal per se, as listed above, that has bitten or clawed a person or persons while running at large and the attack was unprovoked, or any animal that has exhibited vicious tendencies in present or past conduct, including such that said animal:
A. Has bitten or clawed a person or persons causing injury; or
B. Could not be controlled or restrained by the owner at the time of the attack to prevent the occurrence; or
C. Has attacked any domestic animal or fowl on three separate occasions within a twelve-month period.
3. “Vicious dog” means:
A. Any dog with a known propensity, tendency or disposition to attack unprovoked as evidenced by its habitual or repeated chasing, snapping or barking at human beings or domestic animals so as to potentially cause injury to or otherwise endanger their safety; or
B. Any dog of that breed known variously as American Pit Bull Terrier, American Staffordshire Terrier or Pit Bull Terrier; or
C. Any dog of mixed breed which contains a strain of such breed which is identifiable as such by a qualified veterinarian duly licensed in the State.
Notwithstanding any other provision of this chapter or of Chapter 55, no person owning, possessing, harboring or having the care of a vicious dog shall permit such animal to go unconfined upon the premises of such person or permit the dog to go beyond the premises unless the dog is securely leashed and muzzled. A vicious dog is “unconfined” unless such dog is:
1. Securely confined in a dwelling house.
2. Completely enclosed in a locked, enclosed fence, pen or other structure having a height of at least six feet. Such pen or structure must have secure sides which are imbedded into the ground, if the bottom of the structure is not integrally connected to the structure. If the fence, pen or structure is less than six feet in height, it must have a secure top in addition to securely imbedded sides.
A vicious dog shall not be required to be muzzled when shown in an American Kennel Club show or a show sanctioned by the American Kennel Club or when securely confined in a private vehicle and inaccessible to persons other than those within the vehicle.
1. In the event that a dangerous animal is found at large and thereby creating a hazard to persons or property, such animal may, in the discretion of the Police Chief, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
2. Upon the complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal on premises in the City, the Police Chief shall cause the matter to be investigated and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring such dangerous animal in the City, the Police Chief shall immediately seize such animal. An animal so seized shall be impounded for a period of seven days. If at the end of the impoundment period the person keeping, sheltering or harboring such dangerous animal has not petitioned the Clarke County District Court seeking return of such dangerous animal, the Police Chief shall cause the animal to be disposed of by sale or destroy such animal in a humane manner.
3. The order to remove a dangerous animal issued by the Police Chief may be appealed to the Council. In order to appeal such order, written notice of appeal must be filed with the Clerk within three (3) days after receipt of the order contained in the notice to remove the dangerous animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the Police Chief. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk. The hearing of such appeal shall be scheduled within seven (7) days of the receipt of the notice of appeal. The hearing may be continued for good cause. After such hearing, the Council may affirm or reverse the order of the Police Chief. Such determination shall be contained in a written decision and shall be filed with the Clerk within three (3) days after the hearing or any continued session thereof.
4. If the Council affirms the action of the Police Chief, the Council shall order in its written decision that the person owning, sheltering, harboring or keeping such dangerous animal remove such animal from the City or destroy it. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice of removal. If the original order of the Police Chief is not appealed and is not complied with within three (3) days or the order of the Council after appeal is not complied with within three (3) days of its issuance, the Police Chief is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven (7) days. If at the end of the impoundment period, the person against whom the decision and order of the Police Chief or Council was issued has not petitioned the District Court for a review of said order, the Police Chief shall cause the animal to be disposed of by sale or destroy such animal in a humane manner. Failure to comply with an order of the Police Chief issued pursuant hereto and not appealed, or of the Council after appeal, constitutes a misdemeanor offense.
No person shall keep, shelter or harbor for any reason within the City a vicious animal as defined in this chapter, except in the following circumstances:
1. Animals under the control of a law enforcement or military agency.
2. The keeping of guard dogs; however, guard dogs must be kept within a structure or fixed enclosure at all times, and any guard dog found at large may be processed as a vicious animal. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording “Guard Dog,” “Vicious Dog” or words of similar import, and the owner of such premises shall inform the Police Chief that a guard dog is on duty at said premises.
Loading...