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A. Dangerous Conduct By Animal Prohibited: The owner or custodian of any animal which commits any of the acts defined in this chapter as "dangerous" may be cited for a misdemeanor and the Animal Services Department may seize and impound the animal until the matter has been adjudicated. The conduct shall not be deemed dangerous if the victim (person, domestic animal, or livestock) was committing a tort against the animal's owner/custodian, or committing a trespass or other tort on the premises of the animal's owner/custodian. Specifically prohibited are the following acts:
1. If unprovoked by teasing, taunting, or a threatening manner by any person, approaching said person in an apparent attitude of attack upon the streets, sidewalks, public grounds or places, common areas within subdivisions or mobile home or recreational vehicle parks, common grounds of apartment buildings, condominiums, or townhouse developments, or private property not solely owned or possessed by the owner or custodian of the animal; or
2. Biting, inflicting injury, assaulting, or otherwise attacking a human being or domestic animal or livestock without justifiable provocation.
B. Prohibited Animals: No person may own or harbor or have custodial care of any of the following types of vicious animals:
1. 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 domestic animals or livestock, unless restrained and/or confined as provided in section 6.04.060 of this chapter; or
2. Any animal which is used primarily or in part for the purpose of fighting, or any animal trained for fighting; or
3. Any dog which has been trained as an attack dog, except dogs used by law enforcement agencies.
C. Impoundment And/Or Destruction: Any animal whose owner or custodian has been found guilty of or entered a plea of guilty to the offense of dangerous conduct by his/her animal is subject to impoundment and destruction. For a first offense, the court shall set the matter for sentencing and notify the Office of the City Attorney (prosecutor) of the date, time, and place of sentencing. The prosecutor may request that the court order the destruction of the animal. If the court determines that destruction is warranted, it shall issue an order authorizing any animal services officer or police officer to enter the property where the animal is located and to seize the animal and impound it for destruction if the animal has not been voluntarily surrendered by five o'clock (5:00) P.M. on the date of sentencing.
D. Subsequent Violations:
1. Upon the conviction or plea of guilty to a second or subsequent offense of dangerous animal conduct, regardless of the form of the current or any prior judgment, if the subsequent conduct involved the animal being dangerous, the court shall order destruction of the animal. If the court determines that destruction is warranted, it shall issue an order authorizing any animal services officer or police officer to enter the property where the animal is located and seize the animal and impound it for destruction if the animal has not been voluntarily surrendered by five o'clock (5:00) P.M. on the date of sentencing.
2. If the subsequent conduct did not involve the animal being dangerous, the court may, but is not required to, order destruction of the animal regardless of the form of the current or prior judgment.
E. Owner Liability: An adult owner/custodian of a dangerous animal shall be liable for all injuries and property damage sustained by any person or by any animal caused by an unprovoked attack by any dangerous animal, plus all costs, civil judgments or penalties, criminal fines, final terms, veterinary fees, shelter impound fees, and any other penalties and orders. In the event that the owner/custodian of the dangerous animal is a minor, the minor's parent or guardian shall be so liable.
F. Failure To Surrender Animal: It shall be a separate offense to fail to surrender an animal for impoundment and/or destruction. (Ord. 2975, 2016: Ord. 2884, 2010: Ord. 2838 § 2, 2008: Ord. 2764 § 3, 2005: Ord. 2667 § 2, 2001)