[CC 1974 §4-1; Ord. No. 21 §4-107, 3-1-1958; Ord. No. 153 §2, 2-13-1985; Ord. No. 256 §2, 1-12-2000; Ord. No. 360 §1, 5-8-2008]
A.
Dangerous Animal.
1.
Any animal with the following characteristics shall be classified
as dangerous by the City Marshal.
a.
Any animal which has inflicted a severe or fatal injury on a human
being on public or private property. "Severe injury" means any physical injury resulting directly from an animal's bite,
which results in broken bones or lacerations requiring stitches, or
hospitalization. The victim receiving severe injuries as defined above,
must provide the City Marshal with a signed physician's statement
documenting the injury and the treatment qualifying such as a severe
injury, or sign an authorization for the release of such statement.
b.
Any animal which has bitten a human being, without provocation, on
public or private property other than the property of the owner.
c.
Any animal which, while on the owner's property, has bitten, without
provocation, a human being other than the owner or a member of the
owner's family who normally resides at the place where the animal
is kept.
d.
Any animal which, while off the owner's property, has injured or
killed a domestic animal, livestock, or poultry without provocation.
e.
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting.
f.
Any animal which, when unprovoked, chases or approaches a person
upon the streets, sidewalks, or any public grounds, or private property
other than that property of the owner, in a menacing fashion or apparent
attitude of attack, regardless of whether or not a person is injured
by said animal.
g.
Any animal with a known propensity, tendency or disposition to attack
unprovoked, to cause injury, or to otherwise threaten the safety of
human beings or domestic animals.
2.
If the circumstances surrounding the classification as a dangerous
animal under any of the definitions listing in Subparagraph (1) are
in dispute, then the owner has the option of submitting, within five
(5) working days, a written request to the Mayor for a hearing and
possible appeal.
a.
A hearing board, consisting of the Mayor, City Marshal and City Clerk,
or their delegates, shall be convened within ten (10) working days
after receipt of a bona fide written request.
b.
Pending the outcome of such a hearing, the animal must be confined
in such a manner so as not to be a threat to any person. The confinement
may be on the owner's premises or with a licensed veterinarian.
c.
The hearing board shall determine whether to declare the animal to
be a "dangerous animal" based upon evidence and testimony presented
at the time of the hearing by the owner, in addition to witnesses,
animal control personnel, police or any other person possessing information
pertinent to such determination.
d.
The hearing board shall issue written findings within five (5) days
after the hearing. The owner or possessor of the animal found to be
dangerous shall be required to maintain the animal as herein provided
in this Code.
3.
Exemptions to dangerous animal classification.
a.
With the exception of paragraph (1)(a), no animal may be declared
dangerous if the threat, injury or damage was sustained by a person
who, at the time, was committing a willful trespass or other tort
upon the premises occupied by the owner or keeper of the animal, or
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 was committing or attempting to
commit a crime.
b.
With the exception of Subparagraph (1), the City Marshal may, because
of extenuating circumstances, determine from the investigation of
an incident, that an animal is not dangerous. However, the owner,
being responsible for said animal, shall be warned of the animal's
tendencies and shall take appropriate action to prevent subsequent
incidences. This, however, does not exempt the owner from being cited
for other animal control ordinance violations.
c.
Animals owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
B.
Dangerous Animal, Owners' Responsibilities. The following
actions shall be required of owners of animals that have been declared
dangerous animals:
1.
Any dangerous animal which bites or scratches a human being, or any
animal which is determined to be dangerous because of such biting
or scratching of a human being, shall be impounded for a ten (10)
day rabies quarantine.
2.
Any dangerous animal shall wear at all times, a bright orange collar
with a large brightly colored metal tag attached to the collar so
the animal can readily be identified as a dangerous animal.
3.
The owner or keeper shall notify the Police Department immediately
if a dangerous animal is loose, unconfined or missing, has attacked
another animal or has attacked a human being.
4.
The owner or keeper shall notify the Police Department within twenty-four
(24) hours if a dangerous animal has died or has been sold or given
away. If the animal has been sold or given away, the owner or keeper
shall provide the Police Department with the name, address and telephone
number of the new owner, and, if the dog is kept within the City limits
of Lake Waukomis, the new owner must comply with the requirements
of this Code.
5.
While on the owner's property, a dangerous animal must be securely
confined indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to prevent
the animal from escaping. Such pen or structure must have minimum
dimensions of five (5) feet by ten (10) feet and must have secure
sides and top. If it has no bottom secured to the sides, the sides
must be embedded in the ground no less than twelve (12) inches. The
enclosure must also provide protection from the elements for the animal.
The enclosure, when occupied by a dangerous animal, shall not be occupied
by any other animal. If the dangerous animal is a female with offspring
under three (3) months of age, the offspring may occupy the same enclosure
as the mother.
6.
No dangerous animal may be kept on a porch, patio, or in any 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 the windows are open or when screen windows
or screen doors are the only obstacle preventing the animal from exiting
the structure.
7.
The owner or keeper shall display a sign on his or her premises that
there is a dangerous animal on the property. This sign shall be visible
and capable of being read from the public highway or thoroughfare
from which the property is entered. In addition, a similar sign is
required to be posted on the kennel or pen or fenced yard of such
animal.
8.
A dangerous animal may be off the owner's premises if it is muzzled
and restrained by a substantial chain or leash not exceeding six (6)
feet in length and under the control of a responsible person. The
muzzle must be made in a manner that will not cause injury to the
animal or interfere with its vision or respiration but must prevent
it from biting any person or animal.
9.
The owner or keeper of a dangerous animal shall present to the Police
Department proof that the owner or keeper has procured liability insurance
in the amount of at least three hundred thousand dollars ($300,000.00),
covering the twelve (12) month period during which licensing is sought.
This policy shall contain a provision requiring the City of Lake Waukomis
to be notified by the insurance company of any cancellation, termination,
or expiration of the policy.
10.
All owners or keepers of dangerous animals, must, within ten (10)
days of such declaration, provide the Police Department with two (2)
color photographs (one showing the left profile and the other showing
the right profile) of the animal, clearly showing the color and approximate
size of the animal.
11.
It shall be unlawful for the owner or keeper of a dangerous animal
within the City of Lake Waukomis to fail to comply with requirements
and conditions set forth in this Section. Any animal found to be in
violation of this Code may be, in addition to other penalties provided
by the Municipal Code, subject to immediate seizure and impoundment
for a minimum of ten (10) days or the time necessary for the owner
or keeper to show compliance with this Code, whichever is shorter.
C.
Guard Dog.
1.
Definition: A guard dog is a dog not owned by a
governmental unit, which dog is used to guard public or private property.
2.
No person shall own, keep, harbor, maintain or allow to be upon any
premises occupied by him or under his charge or control, any guard
dog without such dog being confined behind a fence from which it cannot
escape. No guard dog may be kept in any part of a house or structure
when the windows are open or when screen windows or screen doors are
the only obstacle preventing the dog from exiting the structure. Guard
dogs must not be used or maintained in a manner which, as determined
by the City Marshal, endangers individuals on or off the premises
guarded.
3.
Any guard dog, including law enforcement dogs, used in the City by
virtue of such use is hereby declared to be subject to the license
and rabies vaccination requirements of this Code.
4.
All guard dogs residing in or used as such in the City of Lake Waukomis
must be registered annually with the Police Department.
D.
Anyone
convicted of violating any of the provisions of this Section or any
other ordinance of the City may be punished by a fine of up to five
hundred dollars ($500.00) and may be jailed for up to ninety (90)
days or both. If a violation of this Section continues, each day's
violation shall be deemed a separate violation. Upon conviction of
failure to comply with any provision of this Section, in addition
to the usual judgment on conviction, if such animal is still living,
the Municipal Judge may order that such animal be humanely killed
and direct the City Marshal to enforce that order and the Police Department
shall assist as may be required by the Marshal.
Any person who shall keep or use, or in any way be connected
with or interested in the management of, or shall receive money for
the admission of any person to, any place kept or used for the purpose
of fighting or baiting any bull, bear, cock or other creature, except
dogs, and any person who shall encourage, aid or assist or be present
thereat, or who shall permit or suffer any place belonging to him/her
or under his/her control to be so kept or used, shall, on conviction
thereof, be guilty of an ordinance violation.
A.
Any
person who:
1.
Owns, possesses, keeps, or trains any dog, with the intent that such
dog shall be engaged in an exhibition of fighting with another dog;
2.
For amusement or gain, causes any dog to fight with another dog,
or causes any dogs to injure each other; or
3.
Permits any act as described in Subdivision (1) or (2) of this Subsection
to be done on any premises under his charge or control, or aids or
abets any such act is guilty of an ordinance violation.
B.
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subdivision (2) of Subsection (A) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of an ordinance violation.
C.
Nothing
in this section shall be construed to prohibit:
1.
The use of dogs in the management of livestock by the owner of such
livestock or his employees or agents or other persons in lawful custody
of such livestock;
2.
The use of dogs in hunting; or
3.
The training of dogs or the use of equipment in the training of dogs
for any purpose not prohibited by law.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 303 §§1 —
3, 11-12-2003; Ord. No.
536, 2-13-2019]
A.
All
manure and excreta in the yard of any residence wherein a pet or animal
is kept shall be removed or disposed of by the owner or keeper of
the animal as soon as reasonably possible, not to exceed one (1) week.
B.
The
owner or keeper of every animal, when such animal is off the property
controlled by the owner or keeper, shall be responsible for the removal
of any excreta deposited by such animal on walks, streets, recreation
areas or private property and it shall be a violation of this Section
for such owner or keeper to fail to remove or provide for the removal
of such excreta before taking the animal from the immediate area where
such excretion occurred.
C.
The
owner or keeper of any animal shall be deemed in violation of this
Section when accompanying such animal off the property controlled
by the owner or keeper if the owner or keeper does not have in his/her
possession such paraphernalia necessary to facilitate removal of any
such excreta.
