A. Definitions:
DANGEROUS ANIMAL: 1. Any animal which has inflicted fatal or severe injury on a human being without provocation on public or private property; or
2. Any animal which has killed or maimed a domestic animal while off the owner's or keeper's property.
SEVERE INJURY: Physical trauma, which shall be defined to include lacerations requiring sutures or cosmetic surgery, puncture wounds, muscular skeletal injuries, blunt trauma and shock.
B. Impoundment: Any dangerous animal shall be immediately seized and securely impounded in a humane manner at the discretion of the animal control officer or peace officer either on the premises of the owner or keeper of the animal, or with a licensed veterinarian, or at the animal pound by a peace officer or an animal control officer.
C. Exemptions: No animal may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a wilful trespass or other act of provocation upon the premises occupied by the owner or keeper of the animal under circumstances which made the animal's reaction reasonably foreseeable, or was teasing, tormenting, abusing, or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.
D. Prohibiting Dangerous Animals: Except as provided herein, it is unlawful for any person to own, possess or harbor any animal which committed acts that describe a dangerous animal.
E. Hearings: The magistrate division shall conduct a determination hearing whenever there is cause to believe that an animal may be a "dangerous animal" as defined in subsection A of this section. Said hearing shall be conducted within ten (10) days after the court serves notice of the date, time and place of the determination hearing to the owner or the owner's agent by personal service or by certified letter. The ten (10) day notice may be extended, if necessary, by order of the court.
The magistrate division shall determine whether to declare the animal to be a dangerous animal based upon proof beyond a reasonable doubt and testimony presented at the time of the hearing.
The magistrate division shall issue written findings of fact and conclusions of law within five (5) days after the determination hearing. The magistrate may find that the animal is dangerous or not dangerous. If the magistrate finds the animal is not dangerous, the animal shall be returned to the owner or keeper of the animal. If the magistrate finds the animal is dangerous, the magistrate may order the return of the animal to the owner or keeper of the animal with or without certain restrictions or may order that the animal be put to death in a humane manner, after an appeal has been filed or after the time for an appeal has lapsed. The owner or possessor of the animal found to be dangerous by this hearing has the right to appeal the decision within three (3) days of receiving such decision to the district court for appeal.
Pending the outcome of the determination hearing, the animal must be securely confined in a humane manner either on the premises of the owner, or with a licensed veterinarian, or at the animal pound.
Regardless of the finding of the court, before an animal is returned to the owner or keeper of the animal, any returned dog must be licensed and any applicable impoundment fee must be paid in advance. If the court orders the return of any animal declared to be dangerous, the court may order the following:
1. While on the owner's property, a dangerous animal must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure for a dog must have minimum dimensions of five feet by ten feet (5' x 10') and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet (2'). The enclosure must also provide protection from the elements for the animal.
2. The owner or keeper shall display a sign on his or her premises warning that there is a dangerous animal on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous animal.
3. A dangerous dog may be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six feet (6') in length and under the control of a responsible person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or animal.
4. The owner or keeper of a dangerous animal shall present to the animal control officer proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering the twelve (12) month period during which licensing is sought. This policy shall contain a provision requiring the city to be named as an additional insured for the sole purpose of the city being notified by the insurance company of any cancellation, termination or expiration of the policy.
5. The owner or keeper of the dangerous animal shall allow a peace officer or animal control officer to inspect the premises where the dangerous animal is located to ensure compliance with this chapter and any order of the court.
6. The dangerous animal cannot be offered for adoption at any time.
7. The dangerous animal shall be spayed or neutered, the cost of which will be borne by the owner or keeper of the dangerous animal.
8. The owner or keeper shall notify the animal control officer immediately if a dangerous animal is loose, unconfined, has attacked another animal or has attacked a human being or has died.
9. In the event the animal will be sold or given away, the owner or keeper, before transferring ownership, shall provide the animal control officer with the name, address and telephone number of the new owner, who must comply with the requirements of this chapter.
F. Imminent Danger: When, in the judgment of a peace officer or an animal control officer, it is determined that an animal should be destroyed for humane reasons or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established herein, and without court order. (1990 Code)