(A) General regulation. It shall be unlawful for any person to keep, maintain, or have in his or her possession or under his or her control within the city any vicious animal.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
VICIOUS ANIMALS. Includes:
(a) Any animal which, according to records of the appropriate authority, has inflicted serious injury on a human being on public or private property;
(b) Any animal, according to records of appropriate authority, has killed or seriously injured a domestic animal while off of the owner’s property;
(c) Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting;
(d) Any animal which chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack; and
(e) Any animal of a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten the safety of human beings or animals.
(C) Specific canine breeds prohibited as vicious. No local government may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. This section does not impair the right of any local government unit to enact, maintain, or enforce any form of regulation that applies to all dogs.
(D) Exemptions for animals that are provoked. It is recommended no animal be declared vicious if the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, 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 conduct a crime.
(E) Notice to owner. If any dog is of a vicious disposition or has dangerous habits, or is suspected of being diseased, the police shall notify the owner or possessor of such dog orally or by written private or public notice to confine or muzzle such dog and if thereafter such owner or possessor fails to comply with such notice, the police are authorized, empowered, and directed to kill or cause to be killed such dog, whether found running at large or upon the premises of the owner of such dog, forthwith, and without impounding such dog.
(F) Procedure after an attack takes place. Any animal involved in an unprovoked attack which results in serious injury to any human, shall be impounded and if unable to be captured, any law enforcement officer is authorized to destroy the animal to prevent further endangerment to human life. Any animal impounded for an unprovoked attack which results in injury to any human shall be euthanized or, at the discretion of the city, the animal may be placed at a home outside of the city. Unless permitted by the City Council, no vicious animal shall be returned to reside in the city. Because of the dangers involved in housing a vicious animal, the owner must show cause in court within five days of impoundment of vicious animal why the animal should not be destroyed.
(G) Poisoning prohibited. It shall be unlawful to willfully administer poison to any dog or other animal, the property of another, or to expose any poisonous substance with intent that the same shall be taken by such animal.
(Prior Code, § 7-3-13) Penalty, see § 90.99