The owner of a vicious animal shall be subject to the following requirements.
(A) Confinement.
(1) Required. All vicious animals shall be securely confined indoors or in an enclosed and locked pen or structure upon the premises of the owner.
(2) Specifications. The pen or structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top attached to the sides. If no bottom is secured to the sides, the sides must be embedded into the ground no less than two feet so that the animal cannot escape from the pen or structure. If the animal escapes, it shall be automatic authority for the city to have the animal removed from the city limits.
(3) Lighting; maintenance. All pens or structures must be adequately lighted and kept in a clean and sanitary condition.
(4) Protection from elements. The enclosure must also protect the animal from the elements.
(B) Leash; muzzle. The owner of the vicious animal shall not allow the animal to go outside of its kennel, pen, or structure, unless the dog is appropriately muzzled and restrained by a chain or leash not more than four feet in length, and under the physical control of the owner at all times. The muzzle must not cause injury to the animal or interfere with its vision or respiration, but must prevent the animal from biting any human or other animal.
(C) Signs. The owner of a vicious animal shall display, in a prominent place on the owner’s property near the enclosure, kennel, pen, or structure, or other clearly-visible area, a warning sign indicating that there is a vicious animal on the premises. The sign shall be readable from the public highway or thoroughfare. The owner shall also display the sign with a symbol warning children of the presence of a vicious animal. Similar signs shall be posted on the dog’s enclosure, kennel, pen, or structure.
(D) Insurance. The owner of a vicious animal shall provide proof to the City Clerk/Treasurer of a certificate of insurance evidencing that the owner of the animal has procured public liability insurance for at least $50,000, insuring the owner for any injury or damage which may be caused by the vicious animal.
(E) Violation. Failure to comply with the terms and conditions of divisions (A) through (D) above shall be deemed a misdemeanor, punishable according to law, and the animal shall be immediately removed from the city limits or otherwise euthanized.
(F) Notice. Within three days of declaring a dog vicious, the law enforcement authority shall notify the dog’s owner, in writing, of the declaration. The notice shall identify the requirements and conditions for maintaining a vicious dog as set forth in this chapter. If the owner cannot be located, the dog may be immediately impounded and notice of the declaration and impoundment of the dog shall be posted on the owner’s property, or sent by certified mail, return receipt requested, to the owner’s last known address. Once the owner of an animal is notified that the animal has been deemed vicious, the animal must be removed from the city. If the animal must be impounded or placed with a licensed veterinary doctor, the actual costs are the responsibility of the owner of the dog, whether or not the animal is later deemed not to be vicious.
(Prior Code, § 5-4A-16)
(G) Change in status.
(1) It shall be the responsibility of the owner of an animal within the city limits who is harboring or possessing, or who owns a vicious animal, to immediately notify the animal control officer, law enforcement authority, or County Police Department if the vicious animal is unconfined, has escaped its kennel, pen, or enclosed structure, house, or yard, and which is otherwise on the loose, running at large, or has attacked a human being or domestic animal; or, if the owner of a vicious animal sells, gives away, adopts, or otherwise transfers ownership or custody of the vicious animal, the owner shall notify the animal control officer, law enforcement authority, or County Police Department within 48 hours of the transfer of custody of the animal and shall provide, to the law enforcement authority, the name, address, and telephone number of the new owner.
(2) The previous owner shall notify the new owner of the animal’s designation as a vicious animal and of the requirements and conditions for keeping the vicious animal if the animal remains within the city limits.
(Prior Code, § 5-4A-21) (Ord. 2013-02, passed 7-10-2013) Penalty, see § 90.999