(A) Every animal declared vicious shall be confined by its owner or authorized agent of its owner within a building or secure enclosure which complies with this chapter. The secure pen or structure must have secure sides and a secure top attached to the sides, or in the alternative to a secure top, the sides must be of such height that the enclosed animal could not, under any foreseeable circumstances in the opinion of the animal control officer, escape by jumping or otherwise. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot (1'), or be otherwise designed to prevent any possibility of escape by digging by the animal. All such pens, enclosures or structures must be adequately lighted, be kept clean and in sanitary condition and comply in all respects with applicable zoning and building codes.
(B) A vicious animal may be temporarily allowed out of said secure enclosure if such freedom from confinement occurs when accompanied at all times by a person large and strong enough to control the animal and if securely muzzled. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children, other than those of the owner, do not have access to such animal and that the animal cannot access others, either adults or children. The pen, enclosure or structure shall be locked and shall have displayed in a prominent place a clearly visible sign, at least eight and one-half inches by eleven inches (81/2" x 11") in size, in at least two (2) conspicuous locations on the property, indicating that there is a vicious animal on the premises. The owner of a vicious animal shall not suffer or permit the animal to go beyond the premises of the owner unless the animal is caged or securely muzzled and restrained by a chain or leash not more than three feet (3') in length, and under the physical restraint of a person large enough and strong enough to control the animal. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
(C) It shall be the duty of the owner of a declared vicious animal to furnish the animal control officer or law enforcement officer with the residence location of said animal unless or until the vicious designation is removed, even if such location is not within the city of Wendell.
(D) The owner of an animal declared vicious pursuant to this chapter must secure and maintain general liability insurance, in an amount of not less than fifty thousand dollars ($50,000.00), which insures against the liabilities which derive from custody of the vicious animal. Proof of this insurance shall be displayed to any animal control officer or law enforcement officer upon demand. Said insurance shall be obtained within ten (10) days from the date that the animal is declared vicious. Noncompliance with the requirements of this section by any owner of an animal designated as vicious shall constitute a violation of this chapter subject to all penalties or methods of enforcement authorized hereby.
(E) The owner of an animal declared vicious pursuant to this chapter shall have a microchip inserted into the animal and include in the information associated with that microchip that the animal has been declared vicious. The information regarding the declaration of the animal as a vicious animal shall not be removed or altered until the designation is removed by the city. (Ord. 512-2012, 5-17-2012)