A. Attacking Dogs:
1. Prohibited: It shall be unlawful for the owner of any dog to allow such dog to attack, chase or worry any person, any domestic animal, any species of protected wildlife, or to attack domestic fowl.
2. Owner Liability: The owner in violation of this subsection A shall be strictly liable for violation of this section. In addition to being subject to prosecution under this subsection A, the owner of such dog shall also be liable in damages to any person injured or to the owner of any animal(s) injured or destroyed.
3. Defenses: The following shall be considered in mitigating the penalties or damages or in dismissing the charge:
a. That the dog was properly confined on the premises; or
b. That the dog was deliberately or maliciously provoked.
4. Dogs May Be Killed: Any person may injure or kill a dog while:
a. The dog is attacking, chasing, or worrying:
(1) A domestic animal having a commercial value;
(2) A service animal; or
(3) Any species of hoofed protected wildlife;
b. The dog is attacking domestic fowls, another dog, or a person; or
c. The dog is being pursued for committing an act described in subsection A4a or A4b of this section.
B. Vicious Animals:
1. It shall be unlawful for the owner of any vicious animal to permit such animal to go or be off the premises of the owner unless such animal is under restraint and properly muzzled so as to prevent it from injuring any person, other animals, or property.
2. The director of animal control or his/her designee shall forthwith investigate any credible complaint that an animal is vicious. If the officer reasonably believes that the animal is vicious, the animal shall be immediately seized and impounded. If impoundment of a vicious animal cannot be made with safety to the animal control officer or other persons, the director of animal control shall seek a court order for the euthanization of any vicious animal that is under restraint as explained in subsection 5-1-9A of this chapter, yet cannot be controlled by reasonable restraints and cannot be effectively controlled by its owner. Owners shall, if possible, be notified immediately of the animal's location by the division of animal control. The owner of an animal impounded, other than by court order, may contest the impounding by filing a notice with the proper court and serve the same on the animal shelter within five (5) days after the impounding.
C. Multiple Violations: If any animal bites or attacks a person or animal two (2) times or more in a twelve (12) month period, such animal may be immediately impounded by the division of animal control without court order and held at the owner's expense pending court action. Any such animal shall be deemed a vicious animal, and the director of animal control may seek a court order as provided in subsection B2 of this section or exercise discretion for euthanization of the animal as provided in section 5-1-18 of this chapter. Owners shall, if possible, be notified immediately of the animal's location by the division of animal control. (Ord. 832, 11-12-2014)