(a) 
Authority of animal control officer.
If the animal control officer has cause to believe that an animal is vicious, the animal control officer may find and declare that animal a vicious animal and order its confinement under the provisions of section 2.05.002 or may order its destruction under the provisions of section 2.05.003, if applicable.
(b) 
Notice to owner.
Within five (5) business days of declaring an animal vicious, the animal control officer shall notify the animal’s owner in writing of the declaration. The notice shall identify the requirements and conditions for maintaining a vicious animal as set forth in this chapter. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted on the owner’s property or sent by certified mail to the owner’s last known address.
(c) 
Hearing.
(1) 
The owner of an animal declared vicious shall have the right to file, within five (5) business days after receiving notice, a written request for a hearing to contest the vicious animal declaration. The hearing shall be held within five (5) business days after the animal control officer receives the owner’s written request.
(2) 
The hearing under this section shall be before the municipal judge of the city and shall be informal, and strict rules of evidence [shall not apply. The owner may be represented by counsel, present oral and written evidence], and cross-examine witnesses.
(3) 
The municipal judge shall issue a decision within five (5) business days after the close of the hearing under this subsection (c) and shall notify the owner in writing of the decision.
(4) 
The municipal judge may uphold the vicious animal declaration, in which event the owner shall comply with all of the requirements and conditions for maintaining a vicious animal as set forth in this article, or may unconditionally release the animal to its owner.
(5) 
The decision of the municipal judge on the vicious animal declaration is final.
(Ordinance 04-03, sec. 90.70, adopted 4/13/04)
The owner of a vicious animal shall be subject to the following requirements:
(1) 
Confinement.
All vicious animals shall be securely confined indoors or in an enclosed and locked pen or structure upon the premises of the owner. The pen or structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top attached to the sides. If no bottom is secured to the side, the sides must be embedded into the ground no less than two feet. All pens or structures must be adequately lighted and kept clean and sanitary. The enclosure must also protect the animal from the elements.
(2) 
Leash and muzzle.
The owner of a vicious animal shall not allow the animal to go outside the kennel, pen or structure unless the animal is muzzled, restrained by a chain or leash not more than four feet in length, and under the physical control of a person. The muzzle must not cause injury to the animal or interfere with its vision or respiration, but must prevent the animal from biting any human or animal.
(3) 
Signs.
The owner of a vicious animal shall display in a prominent place on the owner’s premises a clearly visible warning sign indicating that there is a vicious animal on the premises. The sign must be readable from the public highway or thoroughfare. The owner shall also display a sign with a symbol warning children of the presence of a vicious animal. Similar signs shall be posted on the animal’s kennel, pen or enclosed structure.
(4) 
Insurance.
The owner of a vicious animal must provide proof to the city secretary that the owner has procured public liability insurance of at least $100,000.00, insuring the owner for any damage or personal injury which may be caused by such owner’s vicious animal.
(Ordinance 04-03, sec. 90.71, adopted 4/13/04)
(a) 
Authority of animal control officer.
The animal control officer may order the impoundment and destruction of any animal where:
(1) 
The animal has attacked, bitten or injured a human being or domestic animal and the circumstances indicate that there is a probability of additional occurrences relating to such animals.
(2) 
The animal is a vicious animal as defined in section 2.01.001 of this article and the owner has failed to comply with the requirements and conditions for keeping a vicious animal as defined in section 2.05.002 of this article; or
(3) 
The animal poses a threat of serious harm to the public health or safety.
(b) 
Notice of impoundment.
Within two (2) business days of an impoundment under this chapter, the animal control officer shall notify the animal’s owner in writing of the impoundment.
(Ordinance 04-03, sec. 90.72, adopted 4/13/04)
(a) 
The owner of an impounded animal shall have the right to file, within five (5) business days after receiving notice, a written request for a hearing to contest the impoundment, which hearing shall be before the municipal judge of the city.
(b) 
The impoundment hearing shall be informal, and strict rules of evidence shall not apply. The owner may be represented by counsel, present oral and written evidence and cross-examine witnesses.
(c) 
The municipal judge shall issue a decision within five (5) business days after the close of the hearing under this section and shall notify the owner in writing of the decision.
(d) 
After considering all of the relevant evidence, the municipal judge may order the destruction of the impounded animal or may release the animal to its owner, conditional on the owner complying with the requirements for keeping a vicious animal set forth in section 2.05.002 of this article or complying with any other requirements necessary to protect the public health or safety, or may unconditionally release the animal to its owner.
(e) 
If the owner of an animal impounded under this article fails to appear at a hearing or fails to request a hearing, the animal shall be destroyed.
(Ordinance 04-03, sec. 90.73, adopted 4/13/04)
(a) 
This article shall not apply to animals used by a police department or law enforcement agency.
(b) 
No animal may be declared vicious for injury or damage sustained by a person who was committing a willful trespass or other tort upon the premises of the animal’s owner.
(c) 
No animal may be declared vicious for injury or damage sustained by a person who was teasing, tormenting, abusing or assaulting the animal.
(Ordinance 04-03, sec. 90.74, adopted 4/13/04)
(a) 
Unconfined animal; attacks by animal.
The owner of a vicious animal shall notify the animal control officer within three (3) hours if the vicious animal is unconfined and on the loose or has attacked a human being or domestic animal.
(b) 
Change of ownership of animal.
If the owner of a vicious animal sells, gives away or otherwise transfers custody of a vicious animal, the owner shall, within three (3) business days, provide the animal control officer with the name, address, and telephone number of the new owner. The previous owner shall notify the new owner of the animal’s designation as a vicious animal and the requirements and conditions for keeping a vicious animal.
(Ordinance 04-03, sec. 90.75, adopted 4/13/04)