§ 10-13. Dangerous or vicious animals.
No person shall own, harbor, or keep a dangerous or vicious animal, either licensed or unlicensed, within the city limits, except in accordance with the provisions of this section.
(1)
Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
a.
Vicious animal means any animal which, without provocation, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or any specific animal with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or to otherwise endanger the safety of human beings or domestic animals; or any animal which bites, inflicts injury, or otherwise attacks a human being or domestic animal without provocation on public or private property, or any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
b.
The term "vicious animal" does not include the following:
1.
An animal that causes injury or damage to a person or other animal, that at the time the injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal.
2.
An animal that causes injury or damage to a person who was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.
3.
An animal that was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault.
4.
An animal that causes injury or damage to a domestic animal that was teasing, tormenting, abusing, or assaulting the animal.
5.
Animals owned and controlled by local, state, and federal law enforcement agencies which are used in law enforcement or related activities.
(2)
Regulation.
a.
Declaration of purpose. The city declares vicious animals, as defined in this section, as a serious and widespread threat to the health, safety, and welfare of the members of the general public. It is further declared that the owning, keeping, or harboring of vicious animals is a nuisance which must be regulated in the interest of the public health, safety, and welfare and/or abated.
b.
Impoundment of a suspected vicious animal. In the event any law enforcement officer has probable cause to believe that a particular animal is vicious and may pose a threat of serious harm to human beings or other domestic animals, the law enforcement officer may seize and impound the animal pending a hearing or trial pertaining to prosecution of the animal owner or other owner, for harboring, keeping, or maintaining a vicious animal. The owner and/or other person harboring, keeping, or maintaining the animal shall pay all costs and expenses incurred in conjunction with the impoundment of the animal.
c.
Upon conviction of harboring a vicious animal. Upon the conviction of keeping, maintaining, or harboring a vicious animal, the animal shall be destroyed, removed from the city, or subject to the requirements set forth in subsection (2)d.1—10 of this section as the court deems appropriate.
d.
Requirements for harboring a vicious animal. Upon conviction of an owner or other person for keeping, maintaining, or harboring a vicious animal which does not result in an order to destroy the animal, and/or upon a determination by a court of appropriate authority that a particular animal is vicious but is not subject to destruction, the following requirements shall apply:
1.
License application. The owner shall apply to the city clerk's office for a vicious animal license which shall be valid for one year from the date of its approval provided all conditions of this section and any applicable court order have been met. The license shall be renewable provided that the animal is to be kept on the same premises under the same conditions and its owner or keeper or person in custody of the animal has not violated any condition of this section or court order during the previous license year. Such license shall be transferable if all conditions of licensing are met by a new owner.
2.
Insurance. Prior to the receipt of a license, the owner shall present to the city clerk's office proof that the owner has procured liability insurance in the amount of at least $100,000.00 covering any damage or injury which may be caused by such vicious animal during the 12-month period for which licensing is sought, which policy shall contain a provision requiring the city to be named as additional insured for the sole purpose of the city to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy. In addition, the owner shall sign a statement attesting that he or she shall maintain and not voluntarily cancel the liability insurance during the 12-month period for which licensing is sought, unless the owner shall cease to own the vicious animal prior to expiration of such license.
3.
Microchip. Prior to receipt of a license, the owner shall, at his or her own expense, have a microchip inserted and activated by an accredited veterinarian with the number registered with the city clerk's office. The owner shall also provide the city clerk's office with a current telephone number.
4.
Signs. Prior to receipt of a license, the owner shall display a sign in a prominent place on his or her premises warning of a vicious animal on the premises. Said sign shall not be larger than two feet × two feet and state "vicious animal kept here" and shall be visible and capable of being read from the public street.
5.
Confinement outdoors. Prior to receipt of a license, the owner shall provide for the confinement of the vicious animal. Specifically, when outdoors, the animal shall be confined in a pen or structure with secure sides and top attached to all sides. The structure shall be secured to the ground in accordance with standards set forth in the city building and zoning codes. Such structure shall not exceed six feet in height. It shall, in addition, be constructed of materials and consist of a design suitable to prevent escape of the animal and entry of young children. Additionally, the size and location of the structure shall comply with provisions of zoning, including lot coverage and setback requirements, applicable to accessory structures on the premises. Whenever the animal is inside the structure, the structure shall be locked with a padlock or key lock. Such pens or structures must be adequately lit and kept in a clean and sanitary condition.
6.
Confinement indoors. No vicious animal shall be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit of its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting.
7.
Identification photographs. Prior to receipt of a license, the owner shall provide the city clerk's office with two color photographs of the vicious animal which clearly show the color and approximate size of the animal.
8.
License fee. The owner shall pay a license fee in an amount as adopted by city council from time to time.
9.
Leash and muzzle requirement. It shall be unlawful for any owner to allow or cause, by acquiescence or other means, any vicious animal to be outside of the dwelling of the owner or outside the enclosure unless it is necessary for the owner to obtain veterinary care for the vicious animal, to sell or give away the vicious animal, to comply with the commands or directions of the court or law enforcement officer with respect to the vicious animal, or to comply with the licensing provisions of this section. In such event, the vicious animal shall be securely muzzled and restrained with a choker chain leash having a minimum tensile strength of 300 pounds and not exceeding three feet in length. 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. The animal shall be under direct control and supervision of the owner of the vicious animal or his or her agent, either of whom shall be, in any event, a person 18 years of age or older and physically capable of restraining the animal.
10.
Reporting requirements. An owner shall notify the city police department immediately upon discovery that a vicious animal is on the loose, is unconfined, has attacked an animal or human being, or has been stolen. An owner shall notify the city police department in writing within one day of the removal of a vicious animal from the city or the animal's death; the birth or existence of the animal's offspring within the city; the new address of a vicious animal should the owner move within the city limits, and the name, address, and telephone number of a new owner of the animal.
(3)
Penalties.
a.
In the event any owner fails to comply with any condition set forth in this chapter regarding the destruction, removal, or harboring of a vicious animal, a law enforcement officer shall have the authority to confiscate the animal and impound it pending:
1.
A hearing requiring the owner of the animal to show cause why the animal should not be immediately destroyed;
2.
A probation violation hearing; or
3.
Other hearing as may be permitted by law.
Furthermore, any person found guilty of violating any of the provisions of this section shall pay all expenses, including shelter, food and veterinary expenses, necessitated by the seizure of any animal for the protection of the public, and such other expenses as may be required for the destruction of such animal. Such payment shall be in addition to the penalties provided herein.
b.
Further, the violation of any provision of this section shall constitute a misdemeanor punishable by a fine not to exceed $500.00 or jail not to exceed 90 days or both or any other remedy provided by law.
(Ord. No. 15-431, § II, 7-20-15)