A. The Municipal Judge, in addition to any hearings which may be required on criminal shall hold a hearing within ten (10) days of the date of impoundment to determine if the animal is vicious as defined by this Code. Said hearing may be held in conjunction with any criminal proceedings if so ordered by the judge but in no event shall this delay the hearing on determination of viciousness.
B. The Municipal Judge shall be empowered to make one of the following determinations as a result of said hearing:
1. That the animal is in fact not vicious, in which event the City shall cause it to be surrendered to the owner of the animal, upon payment by the owner of the expenses outlined in Section 10-284.
2. That the animal is in fact vicious and should be destroyed.
3. That the animal is vicious but that for good cause shown, the animal should not be destroyed in which event the judge shall order one (1) of the following:
That the owner be allowed to maintain the vicious animal within the corporate limits of the City under the following conditions:
a. Payment of fees. Payment of all fees required by Section 10-284.
b. Leash and muzzle. No person shall permit an animal covered by this section to go outside its kennel or in pen unless such animal is securely leashed with a leash no longer than four (4) feet in length. No person shall permit said animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animal may not be the leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all animals on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.
c. Confinement. All animals covered by this section shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine said animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house said animals must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
d. Confinement indoors. No animal covered by this section may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.
e. Signs. All owners, keepers or harborers of animals covered by this section within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Vicious Animal." In addition, a similar sign is required to be posted on the kennel or pen of such animal.
f. Insurance. All owners, keepers or harborers of animals covered by this section must provide proof to the City Animal Welfare Manager of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the City Animal Welfare Manager.
4. All owners, whose animal is adjudged to be vicious at the hearing, and sentence imposed by the Municipal Judge pursuant to this section, upon written demand, may appeal the judge's decision within ten (10) days to the district court of the County where a trial in the district court shall be accorded them de novo. All such appeals shall comply with the procedures of Section 25-34.
(Ord. No. 03-07, § 3, 10-6-2003)