A. Dogs At Large: It shall be unlawful for any dog to run at large. For the purposes of this section, any dog which is not on a leash and under the control of a person physically able to control it, shall be deemed to be running at large. All dogs found to be running at large shall be promptly impounded by the chief of police or any person authorized by him for this purpose.
Any person owning, having custody, possession or control over any dog which violates any provision of this section shall be guilty of an unlawful act.
Notwithstanding any provision contained in this chapter to the contrary, K-9 and guide dogs shall be exempt from the provisions of this section. (Ord. 1856, 7-5-2000)
B. Dangerous Dogs: It shall be unlawful for any dangerous dog to leave the premises of the owner, unless such dog is securely muzzled, restrained on a leash and under the direct care and supervision of the owner; provided that in no event shall such dog be under the direct control and supervision of any person under the age of eighteen (18) years.
It shall be unlawful for any dangerous dog to annoy, attack or approach in an apparent attitude of attack, any person or animal.
C. Vicious Dogs:
1. It shall be unlawful to keep, harbor, maintain, own or in any way possess within the corporate limits of the city any vicious dog unless such dog is at all times kept in a confinement structure.
2. Notwithstanding the provisions of subsection C1 of this section, a vicious dog may be allowed out of a confinement structure if it is necessary in order to obtain veterinary care for the vicious dog or to comply with the order of a court of competent jurisdiction. Any time that a vicious dog is outside a confinement structure, such dog shall be securely muzzled, restrained on a leash and under the direct control and supervision of the owner; provided that in no event shall such dog be under the direct control and supervision of any person under the age of eighteen (18) years.
3. No owner of a vicious dog shall sell, or otherwise transfer, set free, abandon or give any vicious dog to any person who resides in the city.
4. Any vicious dog kept, harbored, maintained, owned, or in any way possessed in the city shall be spayed or neutered.
5. The owner of a vicious dog shall post a warning sign, which is readable from not less than one hundred feet (100'), in a prominent place in front of the owner's premises, to inform the public of the presence of the vicious dog. Such sign shall be of metal, with black letters at least two inches (2") in height on a white background. Such sign shall state:
WARNING: VICIOUS DOG ON PREMISES.
D. Report Of Incident; Investigation:
1. Any person or persons who witness an incident involving a bite, attack or menacing behavior by any dog occurring in the city shall file a sworn affidavit of complaint with the police department, setting out the nature and date of the incident, the owner of the dog, the address of the owner, and a description of the dog.
2. The police department, upon receipt of an affidavit of complaint, shall investigate the complaint to determine whether the dog is dangerous or vicious. If the police department finds that the dog is dangerous or vicious, the owner shall be notified by certified mail of such finding. No dog shall be found dangerous or vicious if the attack or menacing behavior was directed at a person who was, at the time in question, committing a wilful trespass or other tort upon the premises of the owner; or was teasing, tormenting, abusing or assaulting the dog; or who has in the past teased, tormented, abused or assaulted the dog; or was committing or attempting to commit a crime.
3. The owner of a dog found to be dangerous or vicious may, within seven (7) days of the mailing of notice by the police department, make a written request to the police department for a review of such finding. Such review shall be made by the chief of police within seven (7) days of such request and shall be based upon the sworn affidavit of complainant and any statements or evidence presented by the owner, witnesses to the incident, police department personnel or any other person possessing information relevant to such finding. The chief of police shall issue the written findings within five (5) days after the review, sustaining or overruling the finding made by the police department. (Ord. 1301, 3-7-1994)