(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HARBOR. To provide food and shelter for any animal on other than a periodic or temporary basis.
OWN. To have any right of property in any animal, to keep an animal, to have an animal in care or custody, or to knowingly permit an animal to remain on or about any premises occupied by any person who owns an animal as herein defined.
VICIOUS ANIMAL. Any animal which has previously attacked or bitten any person or which has behaved in such a manner that the person who keeps, permits to be kept, or harbors the said animal knows or should reasonably know that the animal is possessed of tendencies to attack or bite persons or other animals.
(B) It shall be unlawful for any person to keep, permit to be kept, or harbor a vicious animal within the city; however, this section shall not apply to animals under the control of a law enforcement or military agency, provided that such animals are restrained by a leash or chain, cage, fence, or other adequate means, from contact with the general public.
(C) (1) Any person who has been attacked by a vicious animal, or anyone for such person, or any person who believes that a vicious animal is kept, permitted to be kept, or harbored within the city may make a complaint before the District Court charging the owner, person keeping or permitting to be kept, or person harboring such vicious animal with harboring a vicious animal within the city in violation of this section. A copy of such complaint shall be served upon the person so charged in the same manner and subject to the laws regulating the service of summons in civil actions directing him or her to appear for a hearing of such complaint at a time fixed therein.
(2) If such person fails to appear at the time fixed, or if, upon a hearing of the parties and their witnesses, it is established to the satisfaction of the court that the animal in question is a vicious animal and that such animal is not or has not been restrained by a leash, chain, cage, fence, or other adequate means, from any contact with the general public or with persons who enter the premises of the owner, keeper, or harborer with the actual or implied permission thereof, such animal may be killed by a police officer or humane officer. Before any vicious animal may be killed by a police officer or humane officer as herein provided, the owner or harborer thereof shall be given five days from the date of the court’s adjudication within which to permanently remove such animal from the city.
(D) There is hereby created the position of Animal Control Officer within the organization of the Police Department for the city. The Animal Control Officer or his or her agent, or any officer of the law may:
(1) Enter upon private premises to apprehend a stray animal or a vicious animal; or
(2) Seize, impound and, following the adjudication of the Bell District Court referred to hereinabove in division (A) above, dispose of any vicious animal of any kind when necessary for the protection of any person or animal.
(1995 Code, § 90.07) (Ord. passed 4-13-1987) Penalty, see § 90.99