(a) 
The animal control officer may receive a report concerning a vicious animal. Such report and any supporting statement must be in writing and sworn to.
(b) 
The animal control officer shall investigate all reports filed under this section and may issue sworn reports based on the animal control authority’s investigation or observation.
(Ordinance 1136-2017 adopted 2/14/17)
(a) 
If a person reports an incident described by section 2.09.001, the animal control officer shall investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control officer determines the animal is a vicious animal, the animal control officer shall notify the owner in writing of the determination.
(b) 
An owner, not later than the 15th day after the date the owner is notified that an animal owned by the owner is a vicious animal, may appeal the determination of the animal control officer to the municipal court.
(c) 
To file an appeal under subsection (b), the owner must:
(1) 
File a notice of appeal of the animal control officer’s vicious animal determination with the court;
(2) 
Attach a copy of the determination from the animal control officer; and
(3) 
Serve a copy of the notice of appeal on the animal control officer by mailing the notice through the United States Postal Service.
(Ordinance 1136-2017 adopted 2/14/17)
For purposes of this chapter, a person learns he or she is the owner of a vicious animal and is subject to the requirements in section 2.09.004 upon the occurrence of any of the following:
(1) 
The owner knows of an attack described in the definition of vicious animal found in section 2.01.001;
(2) 
The owner is notified by the animal control officer that the animal is a vicious animal; or
(3) 
The owner is notified by the municipal court that the court has upheld the animal control officer’s determination that the animal is a vicious animal.
(Ordinance 1136-2017 adopted 2/14/17)
(a) 
Not later than the 30th day after a person learns that the person is the owner of a vicious animal:
(1) 
The person shall:
(A) 
Register the vicious animal with the city;
(B) 
Restrain the vicious animal at all times on a leash in the immediate control of a person capable of controlling the vicious animal or in a secure enclosure;
(C) 
Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 cover damages resulting from an attack by the vicious animal causing bodily injury to a person or another animal and provide proof of the required liability insurance coverage or financial responsibility to the city; and
(D) 
Comply with all other applicable city regulations, requirements, or restrictions on vicious animals; or
(2) 
The person shall deliver the vicious animal to the city’s animal control facility and the city shall provide for the impoundment of the vicious animal in humane and secure conditions.
(b) 
Once in compliance with subsection (a), the owner of a vicious animal shall maintain compliance with subsection (a) at all times thereafter.
(Ordinance 1136-2017 adopted 2/14/17)
(a) 
Any person may make a sworn application to the municipal court that the owner of a vicious animal has failed to comply with section 2.09.004 or that a vicious animal has attacked a person or another animal.
(b) 
Upon the filing of a sworn application under this section, the court shall order the animal control officer to seize the vicious animal and shall issue a warrant authorizing the seizure. The animal control officer shall seize the vicious animal or order its seizure and shall provide for the impoundment of the vicious animal in secure and humane conditions. The owner may be ordered to pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the vicious animal. The governing body of the city may prescribe the amount of the fees.
(c) 
If, after a hearing on an application filed under this section, the municipal court finds that the owner of the vicious animal has failed to comply with section 2.09.004 or that the vicious animal has attacked a person or another animal, the municipal court shall order the city to humanely destroy the vicious animal or that the vicious animal be permanently removed from the city. The court shall also order that the owner of the vicious animal pay all costs or fees assessed by the city related to the seizure, acceptance, impoundment, and destruction of the vicious animal due to the sworn complaint filed under this section.
(d) 
If, after a hearing on an application filed under this section, the municipal court finds that the owner of the vicious animal has not failed to comply with section 2.09.004 or that the vicious animal has not attacked a person or another animal, the municipal court shall order that the animal control officer immediately release the vicious animal to the owner, and the owner shall not be responsible for the costs of seizure or impoundment of the vicious animal due to the sworn complaint filed under this section.
(e) 
If the owner of a vicious animal seized due to a sworn application filed under this section cannot be located before the 15th day after the seizure and impoundment of the vicious animal, the vicious animal shall be considered abandoned and the city shall be deemed the owner of the vicious animal. The court may order the humane destruction of a vicious animal abandoned under this section upon application of the animal control officer, without a hearing.
(Ordinance 1136-2017 adopted 2/14/17)
(a) 
The court, on receiving notice of appeal under section 2.09.002(b) or a sworn application under section 2.09.005(a), shall set a time for a hearing to determine whether the animal is a vicious animal or whether the owner of the animal has complied with section 2.09.004 or the vicious animal has attacked a person or another animal. The hearing must be held not later than the 10th day after the date on which the animal is seized or delivered.
(b) 
The court shall give written notice of the time and place of the hearing to:
(1) 
The owner of the animal or the person from whom the animal was seized or who delivered the animal;
(2) 
The person who made the report or filed the application; and
(3) 
The animal control officer.
(c) 
Any interested party, including the city attorney, is entitled to present evidence at the hearing.
(Ordinance 1136-2017 adopted 2/14/17)
(a) 
A vicious animal ordered to be removed from the city under this chapter must be removed from the city within ten (10) days of the date of the order.
(b) 
It shall be unlawful for a person to harbor, keep, or have possession of a vicious animal previously ordered to be removed from the city under this chapter within the corporate limits of the city.
(c) 
The animal control officer or any officer enforcing this chapter shall seize any vicious animal that has been ordered to be removed from the city that is found to be at any location within the corporate limits of the city and shall provide for the impoundment of the vicious animal in humane and safe conditions.
(d) 
Upon application by the animal control officer, without a hearing, the court shall order that a vicious animal be humanely destroyed if it was previously ordered to be removed from the city and is later found to be in the city.
(Ordinance 1136-2017 adopted 2/14/17)
(a) 
The city shall annually register a vicious animal if the owner:
(1) 
Presents proof of:
(A) 
Liability insurance or financial responsibility, as required by section 2.09.004;
(B) 
Current rabies vaccination of the vicious animal, if required by law; and
(C) 
The secure enclosure in which the vicious animal will be kept; and
(2) 
Pays the annual registration fee set forth in section 2.10.001.
(b) 
The city shall provide to the owner registering a vicious animal a registration tag. The owner of the vicious animal shall attach the current registration tag to a collar or harness that is worn at all time by the vicious animal.
(c) 
If an owner of a vicious animal sells or moves the vicious animal to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control officer of the new address. On presentation by the new owner of the vicious animal’s prior registration tag and payment of vicious animal registration transfer fee, the city shall issue a new registration tag.
(d) 
An owner of a vicious animal shall notify the animal control officer of any attacks the vicious animal makes on a person or another animal.
(Ordinance 1136-2017 adopted 2/14/17)
(a) 
A person commits an offense if the person is the owner of a vicious animal and the vicious animal makes an unprovoked attack on another person or animal outside the vicious animal’s enclosure and causes bodily injury to the other person or animal.
(b) 
An offense under this section is a class C misdemeanor.
(c) 
If a person is found guilty of an offense under this section, the court may order the vicious animal humanely destroyed by the city or permanently removed from the city.
(Ordinance 1136-2017 adopted 2/14/17)
(a) 
A person who owns or keeps custody or control of a vicious animal commits an offense if the person fails to comply with section 2.09.004 or any other applicable city regulation relating to vicious animals.
(b) 
An offense under this section is a class C misdemeanor.
(c) 
If a person is found guilty of an offense under this section, the court may order the vicious animal humanely destroyed by the city or permanently removed from the city.
(Ordinance 1136-2017 adopted 2/14/17)
(a) 
It is a defense to prosecution under section 2.09.009 or section 2.09.010 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 in connection with that position.
(b) 
It is a defense to prosecution under section 2.09.009 or section 2.09.010 that the person is an employee of the institutional division of the state.
(c) 
A nuisance animal ordered to be removed from the city under this chapter must be removed from the city within ten (10) days of the date of the order.
(d) 
It shall be unlawful for a person to harbor, keep, or have possession of a nuisance animal previously ordered to be removed from the city under this chapter within the corporate limits of the city.
(e) 
The animal control officer or any officer enforcing this chapter shall seize any nuisance animal that has been ordered to be removed from the city that is found to be at any location within the corporate limits of the city and shall provide for the impoundment of the nuisance animal in humane and safe conditions.
(f) 
Upon application by the animal control officer, without a hearing, the court shall order that a nuisance animal be humanely destroyed if it was previously ordered to be removed from the city and is later found to be in the city.
(Ordinance 1136-2017 adopted 2/14/17)