(a) No person owning or harboring or having the care of a vicious animal shall suffer or permit such animal to go unconfined on the premises of such person.
(b) No person owning or harboring or having the care of a vicious animal shall suffer or permit such animal to go beyond the premises of such person unless such animal is securely leashed and muzzled or otherwise securely restrained.
(c) No person shall own or harbor any animal for the purpose of fighting, or train, torment, badger, bait or use any animal for the purpose of fighting or for the purpose of causing or encouraging said animal into unprovided attacks upon human being or domestic animals.
(d) Any premises harboring a vicious animal must be clearly identified by a sign posted on the premises which is visible from the street, which signs bears the language, “Vicious Animal on Premises”.
(e) (1) A vicious animal is “unconfined” as the term is used in this Section if such animal is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in subsection (a) hereof. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be secured in concrete to a depth of at least twelve inches. The construction of such pen or structure shall be at least No. 9 or heavier gauge wire fencing, and any gates shall be kept locked securely with a child-proof lock when a vicious animal is confined in the pen.
(2) A “vicious animal” as the term is used in this section means:
A. Any animal with a known propensity, tendency or disposition to attack, unprovoked, to cause injury or to otherwise endanger the safety of human beings or other domestic animals; or
B. Any animal which attacks a human being or another domestic animal without provocation; or
C. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; or
D. Any pit bull dog.
(f) Any animal that is used by law enforcement agencies shall be exceptions to these provisions.
(g) Lack of knowledge or lack of intent is not a defense to a violation of subsections (a) and (b) herein.
(h) Law enforcement and/or animal control officers may use such force as is necessary to control or apprehend a vicious animal.
(i) (1) Whoever violates this section shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty (30) days, or both. When a person is found guilty of a second offense of this section, such person may be imprisoned for not more than ninety days, and shall be fined five hundred dollars ($500.00), which fine shall be mandatory, and shall not be suspended or remitted.
(2) In addition, any vicious animal which attacks a human being or another domestic animal may be ordered destroyed when, in the Court’s judgment, such vicious animal represents a continuing threat of serious harm to human beings or other domestic animals. Any person found guilty of violating this section shall pay all expenses, including, shelter, food, veterinary expenses necessitated by the seizure of any animal for the protection of the public, and such other expenses as may be required for the destruction of any such animal.
(Ord. 6-1988. Passed 7-11-88.)