(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 and muzzled.
(c) As used in this section:
(1) A vicious animal is unconfined if such animal is not securely enclosed in a 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 imbedded in the ground at a safe and reasonable depth.
(2) Vicious animal means:
A. Any animal or breed of dog with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or other domestic animals; or
B. Any animal which has attacked a human being or another domestic animal one or more times without provocation.
(d) Subsections (a) and (b) hereof are necessary controls on the unrestrained activity of a vicious animal which threatens the safety and pleasantness of the streets, parks, sidewalks, yards and all areas of the City, and a lack of knowledge or lack of intent is not a defense to a violation thereof.
(e) Whoever violates any of the provisions of this section, in addition to any other penalty as may be appropriately applied under any other provision of this chapter, shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more that sixty days, or both.
(f) When any person is found guilty of a second offense of this section, such person may be imprisoned for not more than sixty days and shall be fined one thousand dollars ($1,000), which fine shall be mandatory and shall not be suspended or remitted.
(Ord. 1992-158. Passed 12-7-92.)
(g) (EDITOR’S NOTE: Former subsection (g) was repealed by Ordinance 2008-124, passed August 4, 2008.)