(a)
A
dangerous/vicious animal shall be defined as an animal which:
(1)
Has inflicted severe injury or death to a person or bites a person
other than the owner or a member of the owner’s immediate family,
without provocation, on public or private property;
(2)
Has killed or severely injured a domestic animal without provocation
while off the owner’s property;
(3)
Has a known or apparent propensity, tendency or disposition to attack
unprovoked, to cause injury, or to otherwise threaten the safety of
persons or domestic animals; or
(4)
Is trained or harbored for fighting which may be determined based
on whether the animal exhibits behavior and/or bears physical scars
or injuries which indicate that the animal has been trained or used
for the purpose of fighting.
(b)
If an animal acts as stated in subsection (a)(1) or (a)(2) of this section or is trained or harbored for fighting, the animal care manager shall impound the animal immediately if it is at-large; or, if it is in the possession of some person, the animal care manager may issue a notice requiring that the animal be taken to a designated location for impoundment. An animal which is impounded shall not be released until a final determination is made on the disposition of the animal.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19; Ordinance 17-007, sec. 33, adopted 1/31/17)
(a)
The animal care manager may declare an animal to be a dangerous animal if the official has sufficient cause to believe that an animal is dangerous as defined under section 4.05.001(a)(1), (2), (3), (4).
(b)
Within five (5) working days of declaring an animal to be a dangerous animal, written notice shall be given to the owner that the animal care manager has determined that the animal is a dangerous animal. This notice shall also set out the requirements for a dangerous animal which the owner must comply with as set forth in section 4.05.003. This notice shall be given to the owner by personal service or by certified mail, return receipt requested. In the event that certified mail, return receipt requested, cannot be delivered, the animal care manager may then give notice by ordinary mail.
(c)
The
owner of an animal declared to be dangerous may appeal the determination
of the animal care manager to the animal care advisory committee.
The request for a determination hearing must be in writing and must
be received by the animal care manager no later than five (5) working
days from receipt by the owner of the dangerous animal declaration.
Failure to appeal the declaration within five (5) working days shall
result in the animal care manager’s declaration becoming final.
(d)
If
the owner of a dangerous animal cannot be determined after reasonable
efforts to do so and after holding the animal for seventy-two (72)
hours, the animal may be euthanized. If the owner of a dangerous animal
which has been impounded is known but cannot be located for service
of the notice required herein either in person or by mail, the animal
may be euthanized after a reasonable effort has been made to locate
such owner. Nothing herein shall be construed to require the city
to hold the dangerous animal longer than seventy-two (72) hours because
it is unclaimed.
(e)
Determination hearing.
(1)
Upon written request for a determination hearing by the owner of
an animal declared dangerous herein, the animal care manager shall
schedule said hearing. The hearing committee shall be made up of members
of the animal care advisory committee. The determination hearing shall
be conducted within fourteen (14) days of receipt of the request for
such hearing. The owner shall be notified of said hearing by first
class mail. Failure of the owner to appear at the determination hearing
shall in no way prevent the hearing committee from proceeding with
the hearing. A determination of the committee shall be made at the
conclusion of the hearing. The decision of the committee shall be
the final administrative determination by the city.
(2)
Pending the outcome of the determination hearing, the animal must
be securely confined in the animal care facility or at the request
of the owner of the animal, with a licensed veterinarian at the expense
of the owner. The costs of securing said animal at the animal care
facility pending the determination hearing shall be borne by the owner.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.1; Ordinance 17-007, sec. 34, adopted 1/31/17)
(a)
No
later than fifteen (15) days after an animal is declared dangerous
the owner must comply with all of the following requirements before
the subject animal can be released to the owner by the animal care
division:
(1)
Register the animal as a dangerous animal with the animal care division and pay an annual fee in accordance with section 4.10.001.
(2)
Obtain and maintain liability insurance coverage or show financial
responsibility in an amount of at least one hundred thousand dollars
($100,000.00) to cover damages resulting from an attack by the dangerous
animal causing bodily injury to a person or for damages to any person’s
property resulting from the keeping of such dangerous animal. A certificate
of insurance or other evidence of meeting the above requirements shall
be filed with the city animal care division before said dangerous
animal shall be returned to the owner if it is being held by the city
or a veterinarian.
(3)
Restrain the dangerous animal at all times on a leash in the immediate
control of a person or in a secure enclosure. The enclosure must have
secure sides, a secure top attached to the sides, and a secure bottom
which is either attached to the sides or else the sides of the structure
must be embedded in the ground no less than two (2) feet. In addition,
the secure enclosure must be:
(4)
The owner shall post a sign on his premises warning that there is
a “dangerous animal on the property.” This sign shall
be visible and capable of being read from the public street. In addition,
the area where the animal is kept must be kept secure from small children
from gaining access.
(5)
The dangerous animal, when taken outside the enclosure, must be securely
muzzled in a manner that will not cause injury to the animal nor interfere
with its vision or respiration, but shall prevent it from biting any
person or animal.
(6)
A dangerous animal may not be chained to any object outside the dwelling
or locked enclosure either on or off the property of the owner.
(b)
If
the owner of an animal declared to be dangerous is unable or unwilling
to comply with the ownership requirements listed above at any time,
the animal must be euthanized by the city animal care division or
a licensed veterinarian or removed from the city. An animal declared
to be dangerous under this chapter shall not be offered for adoption
or sale within the city unless the new owner is willing to comply
with the provisions of this article. Transfer of the dangerous animal
to a new owner must be approved by the animal care advisory committee.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.2; Ordinance 17-007, sec. 35, adopted 1/31/17)
(a)
The
owner of an animal declared dangerous under the provisions of this
article shall report any of the following events within five (5) days
to the animal care manager:
(b)
The
owner of an animal declared dangerous under the provisions of this
article shall report immediately to the animal care manager the escape
of the animal or an attack or biting of a person or other animal.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.3; Ordinance 07-014, sec. 6, adopted 2/13/07; Ordinance 17-007, sec. 36, adopted 1/31/17)
Upon conviction the owner of an animal declared to be dangerous herein shall be subject to a fine pursuant to section 1.01.009 of this code for each violation of section 4.05.003 or 4.05.004 of this chapter or for interference with enforcement of this chapter. This penal provision is in addition to any administrative determination by the animal care manager.
(Ordinance 03-065, sec. 1, adopted 7/29/03; Ordinance 06-048, sec. 3, adopted 8/22/06; 1978
Code, sec. 5-19.4; Ordinance 07-014, sec. 7, adopted 2/13/07; Ordinance 17-007, sec. 37, adopted 1/31/17)
(a)
No animal known or believed to have inflicted a serious injury or fatality of a person shall be euthanized or disposed of pursuant to section 4.05.002(d), section 4.05.003(b), or any other provision of this chapter, unless and until the city police department, and any other law enforcement authority known or believed to be involved in an investigation of the incident, has been notified of the intention of the animal care division to euthanize the animal and such law enforcement authorities have been given a reasonable opportunity to assume custody of the animal should they choose to do so.
(b)
No animal known or believed to have inflicted a serious injury or fatality of a person shall be euthanized or disposed of pursuant to section 4.05.002(d), section 4.05.003(b), or any other provision of this chapter, unless and until the victim, the victim’s next-of-kin or the victim’s legal representative has been notified of the intention of the animal care division to euthanize the animal and such person given a reasonable opportunity to investigate the animal and gather evidence (such as size and weight measurements, photographs and videotapes) as they deem appropriate and a reasonable opportunity to secure an order concerning preservation and continuing custody of the animal as evidence from a court of competent jurisdiction, should they choose to do so.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.5; Ordinance 17-007, sec. 38, adopted 1/31/17)
(a)
No
animal shall be declared a dangerous animal if the threat, injury
or damage caused by the animal was the result of a willful trespass
upon another’s property, or the person injured was tormenting,
abusing or assaulting the animal or its owner, or was committing or
attempting to commit a crime at the time of injury unless other independent
grounds exist for such a declaration.
(b)
If
the sole cause of the attack was that the animal was injured and responding
to pain.
(c)
The
provisions of this article shall not apply to animals under the control
of a law enforcement or military agency.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.6; Ordinance 17-007, sec. 39, adopted 1/31/17)
