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:
Enclosure
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.
Menacing fashion
means the show by a dog of a disposition, determination or
intent to attack or inflict injury or harm to a person.
Owner/keeper
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.
Severe injury
means any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or cosmetic surgery
or that results in death.
Unprovoked (with respect to an attack by a dog)
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)
(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)
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)
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)