§ 7-216. Dangerous animals.

(a)

It shall be unlawful for the owner of any animal to keep or maintain such animal in the city so as to constitute a dangerous animal. A dangerous animal is any animal which has done any of the following:

(1)

Caused a bite injury, other than a bite that resulted in great bodily harm, disfigurement, or death, to any person, or

(2)

Killed another dog or cat.

(b)

A "bite injury" is any contact between an animal's mouth and teeth and the skin of a bite victim which causes visible trauma, such as a puncture wound, laceration, abrasion, bruise or other piercing of the skin.

(c)

Notwithstanding the definition of a dangerous animal above, no animal may be declared dangerous if any injury or damage is sustained by a person or animal who, at the time such injury or damage was sustained, was:

(1)

A member of the household; or

(2)

Teasing, tormenting, abusing or assaulting the dog or committing or attempting to commit a crime; or

(3)

Protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.

(4)

The provisions of this article shall not apply to a police dog being used to assist one or more law enforcement officers acting in an official capacity.

(d)

Notwithstanding the definition of a dangerous animal above, no animal may be declared dangerous based solely on size or breed, or mix of breed; or if death to a dog or cat occurred solely due to a size disparity between the animals and there was no sustained vicious attack on the dog or cat.

(e)

Any dangerous animal which is in the custody of an animal control officer and which in the judgment of the director of animal control or municipal court judge, would constitute a menace to the health, safety or welfare of the public if released from custody, may be held pending a hearing on any charges or complaints filed in the municipal court to determine the disposition thereof. If not so determined, the animal may, after having been held pursuant to section 7-108, be returned to its owner, keeper, or harborer until final determination is made by the municipal court as to whether a violation of this section has occurred. If returned pending the final disposition of the case, the animal must be kept securely confined and must be muzzled while in public until final determination is made as to whether a violation of this section occurred.

(f)

Any violation of this section shall be punishable pursuant to the provisions of subsection 7-2(f). Upon conviction, the court may order that the animal be humanely euthanized and direct the director of animal control, or his or her designee, to ensure that the order is enforced.

(g)

Upon conviction of keeping a dangerous animal, the municipal court judge may order restitution be paid to the victim of the violation of subsection (a).

(h)

Upon conviction of keeping a dangerous animal, and the animal returning to its owner, the animal shall be kept subject to the following standards:

(1)

Leash and muzzle. No person shall permit a dangerous animal to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate object such as trees, posts, buildings, etc. In addition, all dangerous animals on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.

(2)

Confinement. All dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel when not indoors, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine dangerous animals must be locked with a key or structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house dangerous animals must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition, and must not be the primary enclosure for keeping of the animal. Animal control Officers shall have the authority to monitor and inspect the keeping of all dangerous animals.

(3)

Confinement indoors. No dangerous animal may be kept on a porch, patio or in a part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when screen doors are the only obstacle preventing the animal from exiting the structure.

(4)

Signs. All owners, keepers or harborers of dangerous animals within the city shall within ten days of conviction, display in a prominent place on their premises a signs easily readable by the public using the words "Beware of Dog" or "Beware of Dangerous Animal", whichever is applicable.

(5)

Insurance. All owners, keepers or harborers of dangerous animals must within ten days of conviction provide proof to the director of animal control of public liability insurance in a single incident amount of $1,000,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. The insurance policy will provide that no cancellation of the policy will be made unless ten days written notice is first given to the director of animal control.

(6)

Identification photographs. All owners, keepers or harborers of dangerous animals must within ten days of conviction provide to the animal control two color photographs of the registered animal clearly showing the color and approximate size of the animal.

(7)

Microchip. All owners, keepers or harborers of dangerous animals must within ten days of conviction microchip the animal and provide microchip information to the animal control to register the animal as dangerous.

(8)

Spaying/neutering. All owners, keepers or harborers of dangerous animals must within ten days of conviction spay or neuter the animal and provide proof of sterilization to the director of animal control.

(9)

Sale or transfer of ownership prohibited. Sale—No person shall sell, barter or in any other way dispose of a dangerous animal registered with the city to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such animal; provided that the registered owner of a dangerous animal may sell or otherwise dispose of a registered dog or the offspring or such dog to persons who do not reside within the city.

(10)

Failure to comply. It shall be unlawful for the owner, keeper or harborer of an animal deemed by the municipal court to be a dangerous animal to fail to comply with the keeping requirements and conditions set forth in this article. Any animal found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment. In addition, failure to comply with the provisions of this article is deemed a separate offense. Upon conviction, the court shall order the revocation of the license of such animal resulting in the immediate removal of the animal from the city.

(Ord. No. O-8-15 , §§ 2, 3, 1-29-2015)

Editor's note

Ord. No. O-8-15 , §§ 2 and 3, adopted Jan. 29, 2015, repealed and reenacted § 7-216, as herein set out. The former § 7-216 pertained to disposition of vicious dogs, and derived from the Code of 1988, § 7-127, and Ord. No. O-22-03, § 1, adopted June 5, 2003.