[CC 1979 §73.200(1); Ord. No. 2427 §1, 9-16-1997; Ord. No. 2862 §1(73.200(1)), 6-17-2003]
A.
Dangerous Dog. Any dog or animal or cross or wolf with the following characteristics shall be considered a dangerous animal:
1.
Any dog or animal or cross or wolf 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 a bite, which results in a broken bone, laceration or inpatient hospitalization. The victim receiving severe injuries, as defined above, must provide the Animal Control Officer a signed physician's statement documenting the injury and treatment qualifying such as a severe injury or sign an authorization for release of such statement.
2.
Any dog or animal or cross or wolf which has killed a domestic animal, livestock or poultry, while off the owner's property.
3.
Any dog or animal or cross or wolf owned or harbored primarily or in part for the purpose of fighting or trained for fighting.
4.
Any dog or animal or cross or wolf which has bitten a human being on public or private property other than the property of the owner.
5.
Any dog or animal or cross or wolf which, while on the owner's property, has bitten 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.
6.
Any dog or animal or cross or wolf which 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 attitudes of attack, regardless of whether or not a person is injured by said animal.
7.
Any dog or animal or cross or wolf with a known propensity, tendency or disposition to attack, to cause injury, or to otherwise threaten the safety of human beings or domestic animals.
8.
Any dog or animal or cross or wolf which habitually snaps at or bites or manifests a disposition to bite or attack persons, animals or pets.
9.
Any pit bull dog.
B.
Right To Appeal. If the circumstances surrounding the classification of an animal as a dangerous dog under any of the definitions listed above are in dispute, then the owner has the option of submitting, within five (5) working days, a written request to the Chief of Police for a hearing and possible appeal.
C.
Hearing Board — Member — Time. A Hearing Board consisting of the City Administrator, the Animal Control Officer, a qualified veterinarian and the Chief of Police or their delegates shall be convened within ten (10) working days after receipt of a bona fide written request.
D.
Confinement Pending Appeal. Pending the outcome of such a hearing, the dangerous dog 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 at the City kennel.
E.
Determination. The Hearing Board shall determine whether to declare the animal to be a "dangerous dog" 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.