(A) The Chief of Police or his designee shall, upon receipt of reliable information, make a determination that an animal is a dangerous animal. Notice of this determination shall be personally delivered or shall be sent by certified letter to the owner or harborer advising him of the determination and the provisions of this section, including his right to appeal the decision to the City Court Judge. The owner or harborer of the animal may, within five days of the receipt of the notice, submit a written request for a fact-finding hearing to the City Court Judge. If the owner or harborer does not make the written request within five days as set forth above, the animal shall be deemed a dangerous animal as defined by this chapter and disposed of accordingly. If a timely request for a fact-finding hearing is made, that hearing shall be conducted in the following manner:
(1) The City Court Judge shall notify the owner or harborer of an animal, which is alleged to be dangerous, of the date, time and place fixed for the fact-finding hearing and, that he has the right to appear and present evidence at this time. This hearing shall take place within 14 days of the date in which the owner or harborer delivered his request for a fact-finding hearing.
(2) A fact-finding hearing shall be conducted by the City Court Judge, whenever there is cause to believe that an animal may be a dangerous animal, as defined herein. The hearing shall be conducted within five days of the date in which the owner or harborer makes a request for the hearing.
(3) Pending the outcome of the fact-finding hearing, the animal must be securely confined in a humane manner, either on the premises of the owner or harborer, with a licensed veterinarian, or by the city.
(4) At the fact-finding hearing the City Court Judge shall determine whether to declare the animal to be a "DANGEROUS ANIMAL," based upon the evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident(s) which may be considered germane to a determination, health department personnel, animal control personnel, police, or any other person possessing information pertinent to such determination.
(5) The City Court Judge shall issue written findings within five days after the fact-finding hearing. The owner or harborer, of the animal found to be dangerous shall have the right to appeal the decision by filing a written notice of appeal with the City Court within five days of the date of the Judge's determination.
(B) The owner or harborer of a dangerous animal shall restrain the animal in the following manner:
(1) While on the owner or harborer's property, a dangerous animal must be securely confined indoors or in a securely enclosed and locked pen or structure, which must have minimum dimensions of 5 feet by 10 feet 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. The enclosure must also provide protection from the elements for the animal.
(2) A dangerous animal may be off the premises of the owner or harborer if it is muzzled and restrained by a substantial chain or leash not exceeding six feet 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 animal or interfere with its vision or respiration but must prevent it from biting any person or animal.
(C) The owner or harborer of a dangerous animal 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.
(D) The owner or harborer of a dangerous animal shall present to the City Court Judge proof that the owner or harborer has procured liability insurance in the amount of at least $100,000 covering the 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 to be notified by the insurance company of any cancellation, termination or expiration of the policy.
(Ord. 90-15, passed 12-10-90; Am. Ord. 2001-04, passed 6-12-01; Am. Ord. 2004-15, passed 11-22-04) Penalty, see § 90.99