[R.O. 1992 § 220.280; Ord. No.
750 §§ I – II, 3-22-2012]
A. This Article does not apply to any animal:
1.
While utilized by any Police Department or any Law Enforcement
Officer in the performance of their work;.
2.
If any injury or attack is sustained by a person who, at the
time of the injury or attack, 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 was committing or attempting to commit a crime;
3.
Who was protecting or defending a person within the immediate
vicinity of the animal from an unjustified attack, assault or other
wrongful behavior;
4.
If any injury or harm is sustained by a domestic animal who,
at the time of the injury or damage, was tormenting, abusing or assaulting
the animal; or
5.
Who was reacting to pain or injury; or was protecting itself,
its kennel or its offspring.
[R.O. 1992 § 220.290; Ord. No.
750 §§ I – II, 3-22-2012]
A. Probable Cause. If an Animal Control Officer has investigated and
determined that there exists probable cause to believe that an animal
is dangerous or potentially dangerous, then a final determination
shall be made by the office of the City Clerk or designee whether
the animal should be declared dangerous or potentially dangerous.
Any complaint received from a member of the public, which serves as
a basis for the Animal Control Officer to determine probable cause,
shall be sworn to and verified by the complainant and shall be attached
to the Animal Control Officer's investigation report.
B. Notification. Office of the City Clerk or designee shall make reasonable
efforts to notify the owner or keeper, if known, of the animal that
a determination will be made whether the animal should be declared
dangerous or potentially dangerous, at which time the owner may appear
and present evidence.
C. Unclaimed Animals. If any animal is impounded pursuant to this Article
and its owner cannot be identified, the animal will be taken to and
held by an animal control facility.
D. Breed-Specific Determinations. No determination of a dangerous or
potentially dangerous animal shall be based in whole or in part on
the breed of the animal or the animal's physical characteristics.
[R.O. 1992 § 220.300; Ord. No.
750 §§ I – II, 3-22-2012]
A. If upon investigation it is determined by the Animal Control Officer
that probable cause exists that an animal poses an immediate and irreparable
threat to public safety, the Animal Control Officer may seize and
impound the animal pursuant to this Article. The owner or keeper of
the animal shall be liable for the costs and expenses of keeping the
animal if the animal is later determined to be dangerous or potentially
dangerous.
B. When an animal has been impounded and it is not contrary to public
safety, the Animal Control Officer shall permit the animal to be confined
at the owner's expense in a department approved kennel, veterinary
facility or at the owner's home with reasonable conditions.
[R.O. 1992 § 220.310; Ord. No.
750 §§ I – II, 3-22-2012]
Any animal determined to be a dangerous or potentially dangerous
animal may be humanely destroyed if the release of the animal would
create a significant threat to the public health, safety and welfare,
and there are no reasonable alternatives to such destruction.
[R.O. 1992 § 220.320; Ord. No.
750 §§ I — II, 3-22-2012]
A. Vaccination And Licensing. All animals determine to be dangerous
or potentially dangerous shall be properly vaccinated and licensed
as may be required by law. The office of the City Clerk shall include
in its registration records the designation of any animal determined
to be dangerous or potentially dangerous pursuant to this Article.
B. Tattooed Or Micro-Chipped. All dangerous or potentially dangerous
animals shall, at the owner's or keeper's expense, be tattooed or
micro-chipped. The owner or keeper shall provide the tattoo or micro-chip
number to the office of the City Clerk for inclusion in the records.
C. General Information. All owners or keepers of dangerous animals must,
within ten (10) days of such classification, provide the office of
the City Clerk with two (2) color photographs; one (1) showing the
left profile and the other showing the right profile of the animal,
clearly showing the color, distinguishing marking and approximate
size of the animal.
D. Leash And Muzzle.
1.
A potentially dangerous animal shall, when outdoors and not
in a secured pen, be restrained on a substantial leash of not more
than four (4) feet and be kept under the control of a responsible
individual at least sixteen (16) years of age.
2.
A dangerous animal shall, when outdoors and not in a secured
pen, be muzzled and restrained on a substantial leash of not more
than four (4) feet under the control of a responsible individual at
least sixteen (16) years of age. The muzzle must be constructed so
that it will prevent the animal from biting any person or domestic
animal while not injuring the animal or interfering with the vision
or respiration of the animal.
E. Confinement. A potentially dangerous or dangerous animal shall, while
on the property of the owner or keeper, be kept indoors or in a secured
pen from which the animal cannot readily escape and into which children
cannot readily trespass.
F. Signs. All owners, keepers or harborers of a potentially dangerous animal or dangerous animal within the City shall post a notice on their premises in accordance with the provisions set forth in Section
205.240, Warning of Dangerous Animal Required.
G. Insurance. All owners, keepers or harborers of a dangerous animal
must provide proof to the office of the City Clerk of public liability
insurance in a single incident amount of one hundred thousand dollars
($100,000.00) 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. Such insurance
policy shall provide that no cancellation of the policy will be made
unless ten (10) days' written notice is first given to the office
of the City Clerk.
H. Reporting Requirements. All owners, keepers or harborers of a potentially
dangerous animal or dangerous animal must, within ten (10) days of
any of the following incidents, report said information in writing
to the office of the City Clerk:
1.
The removal from the City or death of a potentially dangerous
animal or dangerous animal;
2.
The birth of offspring of a potentially dangerous animal or
dangerous animal;
3.
The new address of a potentially dangerous animal or dangerous
animal owner should the owner move from one (1) address within the
corporate City limits to another address within the corporate City
limits;
4.
The bodily injury to or death of a person caused by a potentially
dangerous animal or dangerous animal.
I. Relocation. If a dangerous or potentially dangerous animal dies,
is sold, transferred or permanently removed from the locality where
the owner or keeper resides, or the owner or keeper changes residence
while maintaining possession of the animal, the owner or keeper shall
notify the office of the City Clerk in writing within five (5) working
days of the new location of the animal.
J. Notification Of Escape Of Enclosure. If the dangerous or potentially
dangerous animal escapes its enclosures, the owner or keeper of the
dangerous or potentially dangerous animal shall notify the Wright
City Police Department promptly.
K. Failure To Comply. It is unlawful for the owner, keeper or harborer
of a dangerous or potentially dangerous animal within the City to
fail to comply with the limitations, requirements and conditions set
forth in this Section. Any animal found to be the subject of a violation
of this Section shall be subject to revocation of the license and/or
registration of the animal and immediate seizure and impoundment.
The owner shall be required to take necessary action to dispose of
such dangerous or potentially dangerous animal and the office of the
City Clerk is further authorized to dispose of such dangerous or potentially
dangerous animal if necessary action is not taken by the owner.
L. Violations And Penalties. Any violation of this Section shall constitute an offense punishable as provided in Section
100.220 of this Code. In addition, the court shall order the registration of the subject dangerous or potentially dangerous animal revoked and the animal removed from the City. Should the defendant refuse to remove the animal from the City, the Municipal Court Judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this Section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Section shall pay all expenses, including shelter, food, handling, veterinary care and testimony, necessitated by the enforcement of this Section.
[R.O. 1992 § 220.330; Ord. No.
750 §§ I – II, 3-22-2012]
A. Nothing in this Article shall limit or abrogate any claim or cause
of action any person may have under common law or Statute relating
to injuries or damages resulting from a dog. The provisions of this
Article shall be in addition to such common law and statutory remedies.
B. Nothing in this Article shall limit or abrogate any common law defenses,
rights, privileges or justifications available under applicable law
to any owner or keeper of a dog.