(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG. Any dog that, according to the records of animal control authority, the local police, or a licensed veterinarian:
(a) Has killed or inflicted severe injury on a human being on public or private property;
(b) Has killed a domestic animal without provocation while the dog was off the owner’s property;
(c) Has been previously determined to be a potentially dangerous dog by an animal control authority, and the owner has received notice of such determination and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals; or
(d) 1. Is one of the following breeds of dogs, or any mix of the following breeds of dogs, or any dog displaying the majority of the physical traits or characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club, or has been determined by a licensed veterinarian to have any genetics, of any one or more of the following breeds:
a. American Pit Bull Terrier;
b American Staffordshire Terrier; or
c. Staffordshire Bull Terrier.
2. However, any of the above breeds of dog shall be permitted and shall not be defined as a dangerous dog if said dog is a service dog as defined by federal law and has been certified as such by an individual or organization qualified to do so under federal law. The foregoing notwithstanding, any certified service dog of the above named breeds shall be defined as a dangerous dog if it exhibits any of the behavior set forth above.
(B) Prohibition. Any dog defined as a DANGEROUS DOG using the definition contained in division (A) above shall be prohibited within the city limits, and it shall be unlawful for any person, firm, or corporation to permit a dangerous dog to be within the city limits.
(C) Failure to comply; impoundment. The city is authorized to immediately impound any dog by an animal control officer or police officer if the owner is in violation of this section. The owner shall be responsible for the reasonable costs incurred by the city, and its animal control officer or police officers, for the care, boarding, and impoundment of the dog. Upon such impoundment, the city shall provide written notice to the owner. The owner shall have seven days from the date of said notice to file a written petition with the City Clerk for a hearing concerning the impoundment and alleged failure to comply with this chapter. Said hearing will be held before the City Council, at any regular or special meeting within 14 days from the filing of the petition by the owner. The owner shall bear the burden of proof. Any facts that the owner wishes to consider shall be submitted under oath or affirmation, either in writing or orally at the hearing. The City Council shall make a final determination whether there has been such violation. If the impoundment is found to be proper and in accordance with this section by the City Council, or the owner does not file a written petition with the city in the requisite time, the dog impounded shall be humanely destroyed, unless the owner produces evidence that the dog will be permanently removed from the city. If the owner is not found in violation of this section, the dog shall be released to the owner.
(Prior Code, § 6-117) (Ord. 665, passed 5-7-2014; Ord. 668, passed 3-4-2015) Penalty, see § 90.99