(a) 
The chief of police or his designee may find the animal in question is “potentially dangerous,” but not vicious. If the animal is declared “potentially dangerous,” the owner must adhere to each of the following requirements, which are ordered by the chief of police.
(1) 
The potentially dangerous animal must be kept in a proper enclosure, which is defined as:
(A) 
A concrete foundation;
(B) 
A 6-foot high chain link fence with a chain link top, or other approved top;
(C) 
2-inch corner post; and
(D) 
A locked gate.
(2) 
The owner must present to the city secretary a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000) to cover any damages caused by the potentially dangerous animal. The insurance shall be for a twelve (12) month period, renewable each year, and shall not be cancelled unless the animal is no longer kept in the city by the owner; and
(3) 
The potentially 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 other animal; and the potentially dangerous animal must be restrained by a substantial chain or cable leash having a minimum tensile strength of one thousand (1,000) pounds and not to exceed six (6) feet in length; and
(4) 
The owner shall post a sign on his/her premises warning that there is a potentially dangerous animal on the property. This sign shall be visible and capable of being read from the public street or highway; and
(5) 
The potentially dangerous animal must be spayed or neutered and verifiable documentation provided to the animal control officer of such action; and
(6) 
Further identification may be required and designated by order of the chief of police.
(b) 
If the owner of an animal declared to be potentially dangerous under this article is unable or unwilling to comply with the ownership requirements listed above, the animal shall be euthanized by a licensed veterinarian or animal control officer.
(c) 
In the event the chief of police or his designee rule that the animal in question is neither vicious or potentially dangerous, said animal shall be returned to or released to its owner provided that the owner has paid all costs involved in the impoundment, holding, and medical treatment of said animal, as well as any other requirements set down in this chapter.
(d) 
Any appeal may be taken from the order of the chief of police, issued under this article, by filing suit in a district court of the county within twenty (20) days of the order. Hearing before the district court shall be under the “substantial evidence rule.”
(Ordinance 2005-48, sec. 17, adopted 10/25/05)
The owner/keeper shall notify the chief of police or his/her designee within twenty-four (24) hours if a potentially dangerous animal is loose, unconfined, has attacked another animal, or has attacked a person, or has died, or has been sold or given away. The owner/keeper shall provide the chief of police with the name, address, and telephone number of the new owner/keeper. The new owner/keeper, if they reside in the city, must sign a sworn statement that he/she will comply with all of the requirements of owners of potentially dangerous animals. The new owner/keeper must comply with the requirements of owners of potentially dangerous animals within ten (10) days of ownership of potentially dangerous animals.
(Ordinance 2005-48, sec. 18, adopted 10/25/05)