It is hereby declared to be a public nuisance for an owner or other person to harbor, keep, or maintain a dangerous animal in the city unless the owner complies with the requirements of this article.
(Ordinance 10-003-00 adopted 3/4/10)
It shall be unlawful for any person to own, keep, or harbor a dangerous animal within the city. For purposes of this article, a person is the owner of a dangerous animal when the owner knows of an unprovoked attack committed by the animal against a person or another animal, or when the animal has been determined to be dangerous by the court under this article or any other court or determining body.
(Ordinance 10-003-00 adopted 3/4/10)
In response to the determination that an animal is a dangerous animal, it is a defense that:
(1) 
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 of the animal;
(2) 
The person 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;
(3) 
The person was committing or attempting to commit a crime;
(4) 
The animal attacked or killed was at the time teasing, tormenting, abusing or attacking the alleged dangerous animal;
(5) 
The animal was protecting or defending a person within immediate vicinity of the animal from an unjustified attack or assault;
(6) 
The animal was injured and responding to pain; or
(7) 
The animal was protecting its offspring, itself, or its kennelmates.
(Ordinance 10-003-00 adopted 3/4/10)
Any person desiring to file a complaint concerning an animal which is believed to be a dangerous animal, a sworn, written complaint must first be filed with an animal control officer containing the following information:
(1) 
Name, address, and telephone number of complainant and other witnesses;
(2) 
Date, time, and location of any incident involving the animal;
(3) 
Description of the animal;
(4) 
Name, address, and telephone number of the animal’s owner, if known;
(5) 
A statement describing the facts upon which such complaint is based;
(6) 
A statement describing any incidents where the animal has exhibited dangerous propensities in past conduct, if known.
(Ordinance 10-003-00 adopted 3/4/10)
After a sworn complaint is filed with the animal control officer, the animal control officer shall investigate the complaint, and if there be sufficient evidence to believe the animal is dangerous, the animal control officer may file a complaint with the municipal court of the city and request the judge of the municipal court to set a time and place for a hearing for a determination.
(Ordinance 10-003-00 adopted 3/4/10)
(a) 
Jurisdiction.
The jurisdiction for the determination of a dangerous animal in a proceeding brought under this chapter shall be vested in the city municipal court.
(b) 
Notice.
If a complaint is filed by an animal control officer with the municipal court, the clerk of the court shall set the case for a hearing and shall give notice of the hearing to the owner of the animal in the complaint by personal service or certified mail, return receipt requested, a least ten (10) days prior to the hearing date. Personal service may be completed by the animal control officer.
(c) 
Impoundment pending hearing.
If the animal has not already been impounded, the animal control officer may seize and impound the animal upon personal service of the notice of hearing on the owner or three (3) days after the notice of hearing is mailed to the owner by certified mail, return receipt requested. It shall be unlawful for a person to possess and fail to release to an animal control officer an animal that has been made the subject of a hearing under this article. No person shall be allowed to reclaim the animal while a hearing under this article is pending.
(d) 
Purpose of hearing.
The purpose of the hearing is for the court to determine if the animal specified in the complaint is a dangerous animal.
(e) 
Result of hearing.
(1) 
If the court finds that the animal is a dangerous animal:
(A) 
The court shall order that the animal be destroyed or permanently removed from the city, based on the least restrictive means necessary to protect the public health, safety, and welfare of the community according to all of the evidence presented.
(B) 
If the owner is not present at the hearing, the clerk shall notify the owner of that decision as well as the ordered disposition of the animal by personal service or certified mail, return receipt requested. Personal service may be completed by the animal control officer.
(C) 
The court shall order that the owner of the animal pay any fees due for the impoundment of the animal within 30 days of the order.
(D) 
If the court orders the removal of the animal from the city, the owner shall have five (5) days from the date of the order to remove the animal. The owner must provide proof of the removal to the court within five (5) days after the deadline to remove. If adequate proof is not provided to the court within the required time, an animal control officer shall investigate and, if the animal is found within the city, the animal control officer shall be authorized to immediately seize and impound the animal. Upon impoundment of such animal, the animal becomes the property of the city and it shall be humanely destroyed. If the animal has been previously removed from the city or is not present in the city on the date of the hearing, the court shall order that animal shall be permanently banned from the city and not be allowed to return.
(E) 
If the court orders the destruction of the animal, the clerk or the animal control officer shall notify the facility where the animal is kept.
(2) 
If the court finds that the animal is not a dangerous animal, the animal shall be released to the owner upon payment by the owner of any fees due.
(f) 
Unlawful to disobey court order.
It shall be unlawful for a person to possess and fail to release an animal that has been ordered destroyed or removed by the court to an animal control officer.
(Ordinance 10-003-00 adopted 3/4/10)
It is a defense to enforcement under this article that the person is an employee of the institutional division of the state department of criminal justice or of a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; provided, however, that for any person to qualify for this defense, that person must be acting within the course and scope of his or her official duties as regards the dangerous animal.
(Ordinance 10-003-00 adopted 3/4/10)
It is a defense to enforcement under this article that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the animal; provided, however, that for any person to qualify for this defense, that person must be acting within the course and scope of his or her official duties as regards the dangerous animal.
(Ordinance 10-003-00 adopted 3/4/10)