(A) An animal may be declared to be vicious by the Chief of Police or Animal Control Officer, under the following guidelines:
(1) An animal which, in a vicious or terrorizing manner, approaches in an apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a person or other animal upon the streets, sidewalks or any public grounds or places;
(2) An animal which, on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailperson, meter reader, serviceperson, journeyperson, delivery person or other employed person, or any person or animal who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property; or
(3) No animal may be declared vicious if the injury or damage is sustained to any person or animal who is committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or who was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime.
(B) When the animal is declared to be vicious, the city shall notify the owner of such declaration in writing. Said notice shall be served either in person or by mailing such notice by certified mail.
(C) The owner of an animal that has a vicious animal shall comply with the following:
(1) Register the animal as vicious with the city and present proof of rabies vaccination within five days of receiving the notice and presenting proof of rabies vaccination every year thereafter.
(2) Whenever the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six feet, and under the control of a person over 18 years of age.
(3) When the animal will be outdoors and unattended, the animal must be locked in an escape-proof kennel approved by the animal control officer. Minimum standards shall include the following.
(a) Fencing materials shall not have openings with a diameter of more than two inches.
(b) Any gates within such pen or structure shall be lockable or of such design to prevent the entry of children or the escape of the animal.
(c) The required pen or structure shall have secure sides and a secure top. If the pen or structure has no permanent bottom secured to the sides, the sides shall be imbedded into the ground or concrete.
(d) The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects.
(4) A universal sign denoting a vicious animal shall be displayed on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the animal is kept.
(D) The vicious animal shall be impounded at the owner’s expense until all provisions of division (C) above are complied with. If there is no proof of a current rabies vaccination on a vicious animal which has bitten or attacked any person, the vicious animal shall remain in impound for ten days for observation to determine whether the animal has rabies. If all of the conditions in division (C) above are not complied with within ten days after receiving notice or if it has been determined that the animal has rabies, the animal shall be euthanized in a humane manner and proof of euthanasia filed with the city office.
(E) Any vicious animal found off the premises of its owner, other than provided for in this section, shall be seized by the animal control officer or any police officer and impounded. If the animal cannot be captured, it may be destroyed. If a vicious animal has been running at large, or bites a person or bites another animal, the animal control officer or any police officer shall seize the animal by using such means as are necessary and summon the owner to appear in court to show cause why this animal shall not be destroyed. If the animal cannot be captured, it may be destroyed.
(Prior Code, § 5.0204) (Ord. 12-16-2002, passed 12-16-2002) Penalty, see § 10.99