(A) It shall be unlawful for any person to keep or harbor, within the city, a dog known to be potentially dangerous unless it is, at all times, kept on the owner’s or harbor’s property, securely confined indoors, or in a securely enclosed and locked outdoor pen or shelter suitable to prevent entry of young children and designed to prevent the dog from escaping.
(B) The structure must have minimum dimensions of five feet (5’) by ten feet (10’) and must have secure sides and a secure top. If the structure does not have a concrete, cement, or asphalt bottom, the sides must be imbedded into the ground, no less than two feet (2’). The enclosure must also provide the dog with protection from the elements.
(C) A potentially dangerous dog shall be transported to or from the indoors and securely enclosed and locked in an outdoor pen.
(D) Dangerous dogs are subject to all restrictions listed above and also shall be permitted off the owner’s or harbor’s property only if the dogs are muzzled and restrained by a substantial chain or leash not exceeding six feet (6’) in length and under control of an adult being someone eighteen (18) years or older. The muzzle must be made in a manner that will not cause injury to the dog or interfere with the vision or respiration, but must prevent the dog from biting any person or animal.
(E) A vicious dog shall be subject to all the above restrictions and if the dog has bitten a human being, the dog shall be brought or surrendered to the animal shelter for testing. Further, the dog shall be kept for the time necessary to determine it’s health. If the animal is found to be rabid, it shall be euthanized. If the animal is found healthy, there is to be a hearing with the District Court to determine the disposition of the animal. The disposition may include euthanization, however, if the attack occurred on the dog owner’s property and it is the first such incident, then the District Court shall be limited to the provisions in this chapter, excluding euthansia.
(F) Any animal that is shown to have bitten a human being without provocation more than once, shall, upon such showing, be euthanized. Any animal shown to have bitten or killed, without provocation, on more than one (1) occasion other than domestic animals off of the property of his owner may be euthanized at the direction of the District Court. All costs related to this proceeding shall be paid by the owner at that time or by reimbursement. These costs are in addition to any other expenses arising from the attack.
(Ord. 97-24, passed 9-16-97)