The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a house or a building, or, in the case of a fence or
a structure/pen, the fence or structure/pen must be at least six feet
in height. The structure/pen must also have minimum dimensions of
five feet by ten feet. The fence or structure/pen must form an enclosure
suitable to prevent entry of young children and must be locked and
secured such that a dog cannot climb, dig, jump or otherwise escape
of its own volition. The enclosure shall be securely locked at all
times. The structure/pen must have secure sides to prevent the vicious
dog from escaping from the enclosure. The structure/pen shall provide
protection from the elements for the vicious dog. The animal control
officer shall have the right to require that the fence be higher than
six feet or require that a secure top and/or secure bottom be added
to the structure/pen if need be based upon the type of dog to be kept
in the enclosure and its anticipated ability to escape.
means the show by a dog of a disposition, determination or
intent to attack or inflict injury or harm to a person.
means any person possessing, harboring, keeping, holding,
caring for, having an interest in, or having control or custody of
a dog. If the owner/keeper of a dog is a minor, the parent or guardian
of that minor shall be responsible for compliance with specifications
of this article.
means any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or cosmetic surgery
or that results in death.
means that the dog was not hit, kicked or struck by a person
with any object or part of the attacked person’s body nor was
any part of the dog’s body pulled, pinched or squeezed by the
person attacked.
(1999 Code, sec. 18-191)
(1999 Code, sec. 18-192)
(a)
Filing of complaint.
Should any person desire to file
a complaint concerning an animal believed to be a vicious or dangerous
animal, a sworn, written complaint must be filed with the municipal
court as follows:
(1)
Name, address and telephone number of the complainant and 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 regarding the animal believed to be a vicious and dangerous
animal, stating the facts upon which such complaint is based;
(6)
A statement that the animal has exhibited vicious propensities in
past conduct, if known; and
(7)
Other facts or circumstances of the incident.
(b)
Hearing.
After a sworn complaint is filed, it shall
be referred to the clerk of the municipal court to set a time and
place for a hearing not to exceed 20 days from the time the complaint
is received. The animal control officer shall give notice of the hearing
to the animal’s owner by personal service or by certified mail,
return receipt requested, at least ten days prior to the hearing date.
After the owner of the animal receives notice, the city animal control
officer shall impound the animal specified in the complaint if such
animal is found at large.
(1999 Code, sec. 18-193)
(a)
Within five working days of declaring a dog vicious, the animal control officer will notify, by certified mail, return receipt requested, the person owning the dog of its designation as a vicious dog and of the requirements for owners of vicious dogs as set out in section 2.06.007.
(b)
If the dog is declared to be vicious under subsection (a) of this section, the notice shall inform the owner of the dog that a determination hearing may be requested to contest the declaration. The request for a determination hearing must be in writing and must be received by the clerk of the municipal court no later than five working days from receipt by the owner of the vicious dog declaration. Failure to appeal the declaration of vicious dog within five working days shall result in the animal control officer’s declaration being final.
(1999 Code, sec. 18-194; Ordinance
adopting 2018 Code)
(a)
Upon
the written request for a determination hearing by the owner of a
dog declared vicious, the clerk of the municipal court shall schedule
such hearing. The determination hearing shall be conducted within
ten working days of receipt of the request for such hearing. The owner
shall be notified of such hearing by certified mail, return receipt
requested. Failure of the owner of the dog to appear at the determination
hearing shall result in the animal control officer’s declaration
being final. Pending the outcome of the determination hearing, the
dog must be securely confined in a humane manner in a commercial kennel,
or with a licensed veterinarian, or in the animal control facility’s
shelter. The costs of securing the dog pending the determination hearing
shall be borne by the owner.
(b)
The
municipal court judge shall determine whether to declare the dog to
be a vicious dog under this article based upon evidence, affidavits
and testimony presented at the time of the hearing by the owner, witnesses
to any incident that may be germane to such a determination, health
department personnel, animal control personnel, police or any other
person possessing information pertinent to such determination.
(1999 Code, sec. 18-195)
It is a defense to the determination of a dog as vicious and
to the prosecution of the owner of a dog if:
(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 dog;
(2)
The
person was teasing, tormenting, abusing or assaulting the dog or has,
in the past, been observed or reported to have teased, tormented,
abused or assaulted the dog;
(3)
The
person was committing or attempting to commit a crime;
(4)
The
domestic animal killed was at the time teasing, tormenting, abusing
or assaulting the dog;
(5)
The
dog was protecting or defending a person within the immediate vicinity
of the dog from an unjustified attack or assault;
(6)
The
dog was injured and responding to pain; or
(7)
The
dog was protecting her puppies, itself or its kennelmates.
(1999 Code, sec. 18-196)
(a)
An owner of a dog declared to be a vicious dog under section 2.06.003 must comply with the following within 30 days of such final determination. Compliance with these requirements will be determined by the animal control officer or police department.
(1)
The dog must be licensed in accordance with this chapter.
(2)
The vicious dog shall at all times wear a collar marked with a fluorescent
yellow color visible at 50 feet so that the dog can be identified
as a vicious dog.
(3)
The vicious dog must be kept in a proper enclosure.
(4)
The owner must present to the health department a certificate of
public liability insurance in the amount of $100,000.00 to cover any
damages caused by the vicious dog. The insurance shall be kept in
effect continuously and shall not be canceled unless the dog is no
longer kept by the owner.
(5)
The vicious dog, when taken outside the enclosure, must be securely
muzzled in a manner that will not cause injury to the vicious dog
nor interfere with its vision or respiration but shall prevent it
from biting any person or animal, and the vicious dog must be restrained
by a substantial chain or cable leash having a minimum tensile strength
of 1,000 pounds and not to exceed six feet in length.
(6)
The owner shall post a sign on his premises warning that there is
a vicious dog on the property. This sign shall be visible and capable
of being read from the public street or highway.
(7)
The owner shall have the vicious dog tattooed on the inside left
rear leg with a vicious dog license number issued by the health department.
(8)
The vicious dog must be spayed or neutered.
(9)
The owner shall pay an annual registration fee as provided in the
current fee schedule.
(b)
If
the owner of a dog declared to be vicious under this article is unable
or unwilling to comply with the ownership requirements listed in this
section, the dog shall be euthanized by an animal shelter, animal
control agency, licensed veterinarian or the city animal control division.
A dog declared to be vicious under this article shall not be offered
for adoption or sale.
(1999 Code, sec. 18-197)
The owner/keeper shall notify the animal control officer within
24 hours if a vicious dog is loose, unconfined, has attacked another
animal or a person, has died, or has been sold or given away. If the
dog has been sold or given away, the owner/keeper shall provide the
animal control officer with the name, address and telephone number
of the new owner/keeper. The new owner/keeper must sign a sworn statement
that he will comply with all of the requirements of owners of vicious
dogs within 30 days of ownership of the vicious dog.
(1999 Code, sec. 18-198)
(a)
The
owner of a dog that, when unprovoked, inflicts severe injury or death
to a person or bites a person on public or private property or that
kills a domestic animal without provocation while off the owner’s
property shall be guilty of a misdemeanor.
(b)
It
shall be a violation of this article for a vicious dog to kill or
wound, or assist in killing or wounding, any domestic animal belonging
to or in the possession of any person, or for a vicious dog to attack,
assault, bite or otherwise injure any person, or assist in attacking,
assaulting, biting or otherwise injuring any person while out of or
within the enclosure of the owner, whether or not such vicious dog
was on a leash and securely muzzled, or whether or not the vicious
dog escaped without fault of the owner. The animal control officer
is empowered to confiscate and destroy such vicious dog in an expeditious
and humane manner. In addition, the owner shall be guilty of a misdemeanor.
(c)
The
provisions under this section shall not apply to any law enforcement
agency where a dog is being used for law enforcement.
(d)
A
rebuttable presumption shall exist that the owner or keeper acted
in a criminally negligent manner with regard to any actions brought
under this article.
(1999 Code, sec. 18-199)
