(A) VICIOUS DOG
means that a determination that a dog is a
VICIOUS DOG
may be found upon the filing of appropriate affidavits with the Animal Control Officer and/or Police Department by affected or interested persons and the attending physician or veterinarian, where appropriate, attesting to the occurrence of the following acts:
(1) That on at least two separate occasions, a dog has bitten or scratched a person in the city;
(2) That on at least one occasion, a dog has bitten or scratched a person to an extent that the attending physician has presented a signed affidavit to the Animal Control Officer and/or Police Department stating that the person’s life may have been endangered by such dog; or
(3) That on at least one occasion, a dog, while running at large, has killed another dog, cat or other domestic pet, fowl or livestock or has seriously injured another such animal to an extent that the attending veterinarian has presented a signed affidavit to the Animal Control Officer and/or Police Department stating that the injured animal’s life was seriously endangered or taken by such dog, or that such dog caused a significant permanent impairment of the injured animal’s basic bodily functions or mobility; provided, however, that when the incident occurred, the killed or injured animal was not in violation of any provisions of this code concerning the confinement or physical control of dogs, fowl, livestock or other animals in the city.
(4) That the person and dog, cat or other domestic pet, fowl or livestock so attacked was not at the time trespassing on the property of the owner or person having control of such dog, or if it cannot be proved beyond a reasonable doubt that the person, dog, cat or other domestic pet, fowl or livestock so attacked was provoking or teasing such dog, the Municipal Court shall have the authority to order and hold a hearing; and if the court shall determine at the hearing that the subject dog is vicious or dangerous to other persons, dogs, cats or other domestic pets, fowl or livestock, the court may order that such animal be kept muzzled, and/or kept within a sufficient enclosure, or be ordered to remove the dog from the city limits or that such dog be delivered to the Animal Control Officer to be destroyed.
(B) Private property. Reasonable measures shall be taken by the owners, handler or keeper of any dog kept on private property to protect the public from accidental contact with any dog which, by its very nature or by training, has propensities to be a vicious dog as defined in this section.
(C) Public places. It shall be unlawful for any owner or person in control of any vicious dog to keep or permit the same in and about any public house, public place, street or alley in the city.
(D) Revocation of dog registration. The Animal Control Officer shall have the authority to revoke the dog registration of an owner of a dog which is determined to be vicious after a hearing, as authorized by this code.
(Ord. 914, passed 10-14-04) Penalty, see § 10.99