[CC 2000 §205.040; Ord. No. 1023 §1, 1-13-1994]
As used in this Article, the following words and/or phrases
shall have the meanings ascribed to them herein:
OWNER
Any person, firm, corporation, organization or department
possessing or harboring or having the care and custody of an animal.
VICIOUS ANIMAL
Means:
1.
Any animal with a known propensity, tendency or disposition
to attack unprovoked, to cause injury to, or otherwise threaten the
safety of human beings or domestic animals;
2.
Any animal which because of its size, physical nature or vicious
propensity is capable of inflicting serious physical harm or death
to humans and which would constitute a danger to human life or property
if it were not kept in the manner required by this Article;
3.
Any animal which, without provocation, attacks or bites, or
has attacked or bitten, a human being on public or private property
other than the property of the owner;
4.
Any dog owned or harbored primarily or in part for the purpose
of fighting or trained for fighting;
5.
Any animal which, while off the owner's property, has killed
a domestic animal without provocation; or
6.
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.
A vicious animal is "unconfined" if it is not securely confined
indoors or confined 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. Said pen or structure shall be located upon
the premises of the owner of the animal. Such pen or structure must
have the 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. All such pens or structures
must be adequately lighted and kept in a clean and sanitary condition.
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[CC 2000 §205.045; Ord. No. 1169 §1, 10-14-1999; Ord. No. 1245 §§1 — 2, 3-31-2003]
A. No
person shall within the City raise, maintain or possess within his/her
custody or control of a dog of the "Pit Bull" bred.
B. "Pit Bull" breed is defined to mean any dog descending from
the following bloodlines: Staffordshire Bull Terrier, American Pit
Bull Terrier, American Staffordshire Terrier or any mixed breed of
dog which contains as an element in its breeding the breed of Staffordshire
Bull Terrier, American Pit Bull Terrier and/or American Staffordshire
Terrier as to be identifiable as partially of the breed Staffordshire
Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier.
Furthermore, "Pit Bull" breed is defined to mean any dog which has
the appearance and characteristics of being predominantly of the breeds
Staffordshire Bull Terrier, American Pit Bull Terrier and/or American
Staffordshire Terrier and any other breeds known as Pit Bulls, Pit
Bull Dogs and/or Pit Bull Terriers or a combination of any of these
breeds thereof.
[CC 2000 §205.050; Ord. No. 1023 §§2 — 3, 1-13-1994]
A. With the exception of Section
205.120, 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 in the past has been observed or reported to have teased, tormented, abused or assaulted the animal, or was committing or attempting to commit a crime. Animals owned by governmental or law enforcement agencies when being used in the services of those agencies are exempt.
B. With the exception of Section
205.120, the Chief of Police or Animal Control Officer 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.
[CC 2000 §205.060; Ord. No. 1023 §4, 1-13-1994]
The owner of a vicious animal shall not suffer or permit the
animal to go unconfined. 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.
[CC 2000 §205.070; Ord. No. 1023 §5, 1-13-1994]
The owner of a vicious animal shall not suffer or permit the
dog to go beyond the premises of the owner unless the animal is securely
muzzled and restrained by a chain or leash not exceeding six (6) feet
in length and under the physical restraint of a responsible person.
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.
[CC 2000 §205.080; Ord. No. 1023 §6, 1-13-1994]
The owner of a vicious animal shall display in a prominent place
on his/her premises a clearly visible warning sign indicating that
there is a vicious animal on the premises. A similar sign is required
to be posted on the pen or kennel of the animal.
[CC 2000 §205.090; Ord. No. 1023 §7, 1-13-1994]
No person, firm, corporation, organization or department shall
possess or harbor or maintain care or custody of any animal for the
purpose of fighting or train, torment, badger, bait or use any animal
for the purpose of causing or encouraging the animal to attack human
beings or domestic animals.
[CC 2000 §205.100; Ord. No. 1023 §8, 1-13-1994]
A. Actions
to be taken for dangerous animals causing severe or fatal injuries
shall be as follows:
1. An animal responsible for an unprovoked severe or fatal attack shall
be humanely destroyed.
2. An animal responsible for a provoked severe or fatal attack should
be maintained as a dangerous animal.