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)