(A) The term FIERCE, DANGEROUS OR VICIOUS DOG as used in this section, in addition to the provisions set forth in § 90.20, shall include any animal which, according to documented records, has inflicted serious injury on a human being on public or private property; any animal which, according to documented records, has killed or seriously injured a domestic animal while off of the owners property; any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting; 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 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.
(B) The term FIERCE, DANGEROUS OR VICIOUS DOG as used in this section shall not apply to a dog if the sole documented record applies to a threat, injury or damage sustained by a person who at the time was committing a willful trespass or other tort; or who 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 who was committing or attempting to commit a crime.
(C) Any owner who allows a fierce, dangerous or vicious dog to be or remain within the city in violation of the provisions of this section shall be guilty of a Class 2 Misdemeanor and if convicted will be guilty of a further violation each day that such condition is allowed to exist or goes uncorrected. However, once given notice of the requirement for removal by any city official, the owner of the dog shall have ten days following such notice to effectuate removal, so long as sufficient precautions are taken to prevent the dog from having any opportunity to come in contact with any member of the public during that time period; but if the dog is not properly restricted and controlled during that time period, the owner shall be subject to being immediately charged with violation of this section with a further separate violation each day that such condition is allowed to exist or goes uncorrected. In addition, if such violation occurs during the ten-day period, the police shall impound the animal at the City Pound, subject to the normal costs and fees, and the dog shall not be released to the owner except for direct removal from the city. If the dog cannot be safely taken up and impounded such dog may be immediately slain by any police officer.
(Prior Code, § 11.02.14) (Ord. 731, passed - -; Ord. 852, passed - -
; Ord. 970, passed 10-5-2020
) Penalty, see § 90.99