(A) An animal is deemed vicious if on one or more prior occasions is known to have attacked any person or domestic animal without warrantable cause. Warrantable cause is deemed if there exist good and reasonable grounds to believe that an attack by an animal was precipitated by one or more of the following circumstances:
(1) The animal itself being deliberately threatened or subjected to unreasonably taunting and teasing by the person or animal attacked;
(2) The animal was acting to protect the person, animal, or property of its owner or keeper from an unlawful intruder or attacker; and/or
(3) A dog is a specially trained animal to be used for guard or law enforcement duties and act on command in that capacity.
(B) Evidence of viciousness; impoundment; duty of the Animal Control Officer.
(1) The first occasion on which an animal commits an attack without warrantable cause shall constitute prima facie evidence that the animal is vicious.
(2) Upon being notified of or discovering any such attack, it shall be the duty of the Animal Control Officer to impound the animal in the manner provided by § 91.10 Ordinance Violation Impoundment.
(3) If the animal has succeeded in biting or scratching any person during the attack, the Health Department shall be notified within 24 hours, and the animal may not be released from impoundment without the authorization of the County Health Officer and subject to the redemption fees provided by § 91.17 Rabies Control.
(C) The owner/harborer shall be required to constantly retrain the animal deemed vicious in one of the following ways:
(1) By keeping the animal confined within an enclosed building on the owner/harborer's premises.
(2) By having the animal microchipped and sterilized within 30 days.
(3) By keeping the animal within a completely fenced and locked pen of chain link at least six feet high with metal top rail and concrete footing and completely covered with strong material sufficient to prevent the escape of the dog; the pen to be marked with a "beware of dog" sign on all sides.
(4) By walking the animal, only on a strong leash no longer than six feet in length and directly held and controlled by a person over 18 years of age and physically capable of controlling the animal and the animal being muzzled at all times.
(5) By keeping the animal confined within a locked vehicle sufficiently enclosed to prevent the escape of the animal and to prevent innocent passers-by from attempting to pet the animal, but still remaining in compliance with § 91.05 General Animal Care.
(D) Release of a vicious animal from impoundment on the first occasion for a vicious attack shall be redeemed as provided in § 91.17 Rabies Control, but subject to any applicable further restriction as provided under required restraint provision and the following additional requirements:
(1) The animal may only be released directly to its owner/harborer who acknowledges possession of the animal as his or her property and who is over 18 years of age.
(2) The Animal Control Department shall keep a special record detailing the incident of viciousness and including:
(a) A description of the animal;
(b) The name, address, and phone number of the acknowledged owner/harborer claiming the animal;
(c) A photo of the animal; and
(d) A pledge, signed by the owner/harborer, acknowledging the above and certifying that he or she understands and will strictly abide by the requirements for keeping the vicious animal as prescribed by the required restraint provisions.
(3) The owner/harborer shall report any change of address and phone number immediately.
(4) An owner/harborer who has signed a pledge as provided above may not sell, give, or transfer principal custody of the animal to another person within the city without informing the other person that the animal is vicious and must be kept in accordance under required restraint.
(a) The owner/harborer is required to notify the Animal Control Department if the animal's principal custody has been changed.
(b) The new owner/harborer is required to notify the Animal Control Department of their name, address, phone number, and sign a pledge.
(c) In the event the vicious animal commits further attack without warrantable cause, the animal shall be deemed to pose an undue public nuisance and hazard to the public safety and welfare and shall be subject to destruction.
(d) The animal shall be impounded by the Animal Control Department for not less than 72 hours before destroying the animal.
(e) The Animal Control Department shall inform the owner/harborer as recorded that he or she may file an appeal with the Board of Works prior to the end of the 72-hour period.
(f) If an appeal is so filed, the animal shall be kept impounded pending the Board of Works decision.
(g) If the Board of Works decides against destruction, the animal must be redeemed within 24 hours and subject to the redemption fees as provided in § 91.17 Rabies Control.
(h) The owner/harborer will be required to comply with all requirements as provided under required restraint and release of a vicious animal.
(5) Destruction of an animal impounded under this section may also be delayed by order of the County Health Officer.
(6) If the animal has succeeded in biting or-scratching any person during the attack, the Health Department shall be notified within 24 hours and the animal will be subject to the quarantine period as provided in § 91.17 Rabies Control.
(7) The owner/harborer will be required to pay any fees associated with the impoundment and euthanasia as provided in § 91.17 Rabies Control.
(Ord. 2007-13, passed 11-20-2007; Am. Ord. 2013-16, passed 9-17-2013; Am. Ord. 2019-03, passed 4-2-2019; Am. Ord. 2023-06, passed 7-3-2023)