It shall be unlawful for any person or persons to harbor or keep a vicious animal within the city.
(A) Vicious animal defined. A potentially VICIOUS ANIMAL is an animal that:
(1) When unprovoked, on two separate occasions, has engaged in any behavior that has required a defensive action by any person to prevent bodily injury when the person and animal were off of the property of the owner or keeper of the animal;
(2) When unprovoked, has attacked or bitten a person;
(3) When unprovoked, has inflicted a serious injury or caused the death of a domestic animal, either on public or private property other than the property of the owner or keeper; or
(4) When unprovoked, chases or approaches a person or domestic animal upon the streets, sidewalks, or any public or private property other than the property of the owner or keeper, in a menacing fashion or apparent attitude of attack.
(B) Procedure for declaration of potentially vicious animal.
(1) The Police Chief, City Clerk, or designee may find and declare an animal potentially vicious based upon the following:
(a) The written complaint of a citizen that the animal has acted in a manner set forth in division (A) above;
(b) Animal bite reports filed with the Health Services Department;
(c) Actions of the animal witnessed by any animal control officer or law enforcement officer; or
(d) Other substantial evidence.
(2) The declaration of a potentially vicious animal shall be in writing and shall be served on the owner or keeper in one of the following methods: personally, by certified mail to the owner at the owner’s or keeper’s last known address, or if the owner or keeper cannot be served personally or by mail, by publication in a newspaper of general circulation in the county.
(3) (a) The declaration shall state:
1. The description of the animal;
2. The name and address of the owner or keeper of the animal, if known;
3. The whereabouts of the animal, if not in the custody of the owner or keeper;
4. The facts upon which the declaration of potentially vicious animal is based;
5. The owner’s or keeper’s right to a hearing if the person objects to the declaration;
6. The restrictions placed upon the animal as a result of the declaration of potentially vicious animal; and
7. The penalties for a violation of such restrictions.
(b) If the Police Chief, City Clerk, or other designee so determines that the owner or keeper be required to have microchip identification implanted in the animal.
(4) The owner or keeper may object to the declaration of potentially vicious animal by requesting a hearing before the City Council by submitting a written request to the City Clerk within four days per service, seven days of the date of mailing of the declaration via certified mail, or within 10 days of the publication of the declaration.
(a) If the City Council finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
(b) If the City Council finds sufficient evidence to support the declaration, the City Council shall provide the owner with written notice of such determination within ten working days after the hearing.
(c) Prior to the hearing, the owner or keeper shall confine the animal in a fenced enclosure on the owner’s or keeper’s premises. It shall be unlawful for the owner or keeper of the potentially vicious animal to allow or permit such animal to go beyond the premises of the owner or keeper unless such animal is securely leashed and humanely muzzled, or otherwise securely restrained.
(d) If it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the animal pending the hearing to be held pursuant to this section. The owner or keeper of the animal shall be liable to the city or county where the animal is impounded for the costs and expenses of keeping the animal if the animal is later determined to be potentially vicious. When an animal has been impounded and it is not contrary to public safety, the animal control officer shall permit the animal to be confined at the owner’s expense in a health services department approved kennel or veterinary facility.
(C) Notification of status of potentially vicious animal.
(1) The owner or keeper shall immediately notify the Health Services Department when an animal has been classified as potentially vicious, and the following occurs:
(a) Is loose or unconfined;
(b) Has bitten a human being or attacked another animal;
(c) Is sold, given away, or dies; or
(d) Is moved to another address.
(2) Prior to a potentially vicious animal being sold or given away, the owner or keeper shall provide the name, address, and telephone number of the new owner or keeper to the Health Services Department. The new owner or keeper shall comply with all the requirements of this chapter.
(D) Exceptions to classification.
(1) No animal may be declared potentially vicious if:
(a) Any injury or damage was sustained by a person who, at the time of the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime;
(b) The animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault; or
(c) The injury or damage was sustained by a person or a domestic animal which, at the time of the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the animal.
(2) No animal may be declared potentially vicious if the injury or damage to a domestic animal was sustained while the animal was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal.
(E) Disposition of potentially vicious animal pending compliance with this chapter.
(1) (a) A potentially vicious animal shall be properly licensed and vaccinated, as required by city ordinances. The potentially vicious designation shall be included in the registration records of the animal.
(b) The city may charge a potentially vicious animal fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal.
(2) A potentially vicious animal, while on the owner’s or keeper’s property, shall at all times be kept indoors or in a securely fenced yard from which the animal cannot escape, and into which children cannot trespass. A potentially vicious animal may be off the owner’s or keeper’s premises only if restrained by a substantial leash of appropriate length, and if the animal is under the control of a responsible adult and is humanely muzzled.
(3) If a potentially vicious animal dies, is sold, is transferred, or permanently removed from the city, the owner or keeper of the animal shall notify the Health Services Department of the changed condition and new location of the animal in writing within two working days.
(Prior Code, § 4-1-8) (Ord. 03-04, passed 9-9-2003) Penalty, see § 10.99