(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
VICIOUS CANINES.
(a) Any canine which, according to the records of the appropriate authority:
1. Did bite or attack once, causing wounds or injuries creating a potential danger to the health or life of a human being without provocation in a public or private place where the persons was conducting himself or herself peacefully and lawfully;
2. Requires defensive action by a person to prevent physical injury or property damage, where the dog has acted without provocation, in a public or private place where the person was conducting himself or herself peacefully and lawfully; and/or
3. Could not be controlled or be restrained at the time of a bite or attack upon an animal or person.
(b) Any canine owned, harbored or trained primarily or in part for the purpose of canine fighting.
(c) This definition shall not apply to animals under the control of a law enforcement or military agency;
(B) Designation. A canine shall be declared a vicious canine only after the Animal Control Service has received an affidavit of complaint by an individual under oath, stating all pertinent facts to support the allegation that the canine is vicious. The Animal Control Service shall file a complaint if valid; and the Animal Control Service shall file a complaint in a court of general jurisdiction. The court, after hearing all the evidence, shall make the final determination as to whether the dog qualifies as a vicious canine.
(C) Requirements. Any owner of a dog which qualifies under the statute as a vicious canine must:
(1) Register the canine with the Animal Control Service within three months of the effective date of this section, which registration shall include two color photographs of the canine;
(2) Notify the Animal Control Service immediately if the canine is given or sold to a new owner, at this time providing the Animal Control Service with the new owner’s name, address and telephone number. Registration will continue, but the new owner must comply with the other provisions of this section;
(3) Notify the Animal Control Service immediately if the canine becomes loose or unconfined, attacks livestock, another domestic animal or a human being or inflicts and causes property damage;
(4) Notify the Animal Control Service of all offspring born to the canine;
(5) Notify the Animal Control Service of the death of the canine;
(6) Confine the canine in a humane way on the inside or outside of the owner’s property, in a secure enclosure (as described in § 91.03(E)) so that it cannot escape of its own violation. The owner’s property must contain a sign saying “Beware of Dog” and which is easily readable to the public;
(7) Allow the canine to go off of the owner’s premises only when it is muzzled and kept on a leash or restraint, more than six feet long, under the control of a responsible person;
(8) The canine must be “tattooed” or have a microchip placed in the animal by a licensed veterinarian; and
(9) Upon a second unrelated bite conviction, the canine may become the property of the Animal Control Service, by order of the court for euthanasia.
(D) Violations. A violation of this section shall be subject to the penalties described in all other parts of this chapter. In addition, the judge in his or her discretion can order the canine impounded in the Animal Control Service, at the owner’s expense, until the owner complies with the terms of this section, or can order the destruction of the animal when necessary, to preserve the public health, safety and the welfare of the community.
(Ord. 2022-4, passed 9-22-2022) Penalty, see § 91.99