(a) 
Complaints.
Upon receipt of a written complaint by any person, animal services officer, or other law enforcement officer charging that a particular animal is a dangerous animal, the municipal court shall conduct a hearing to determine whether such animal is dangerous unless the matter is resolved by agreement of all parties prior to such hearing. Such written complaints shall contain at least the following information:
(1) 
Name, address and telephone number of complainants and witnesses;
(2) 
A brief description of the incident or incidents which cause the complainant to believe such animal is a dangerous animal, including date, time and location;
(3) 
A description of the animal and the name, address and telephone number of the owner of the animal, if known; and
(4) 
Any other facts that the complainant believes to be important and relevant.
(b) 
Disposition of animal pending hearing.
Such hearing to determine if an animal is a dangerous animal shall be conducted within ten days after receipt of the complaint, impoundment, or seizure of the animal, whichever occurs later. Any animal awaiting such hearing which was impounded for being at large, was at large when the incident that caused the dangerous animal complaint to be filed occurred, or which has bitten or scratched any other person or animal shall be boarded at the owner’s expense at the animal control facility or any other state-approved quarantine facility pending the outcome of the hearing and determination of whether such animal is a dangerous animal.
(c) 
Unauthorized release of animal.
If the animal is quarantined at a facility other than the animal control facility, the facility shall be found to be in violation of this chapter if the animal is released to any person, lost, stolen, or otherwise not able to be accounted for, unless the quarantine facility first obtains written permission from the animal control officer to release the animal.
(d) 
Notice of hearing.
Notice of such hearings shall be provided by the animal control officer or his or her designee to the owner of the animal by certified mail, return receipt requested, and to the complainant by regular mail. At such hearing all parties shall be given opportunity to present evidence on the issue of whether such animal is dangerous.
(e) 
Determination by court.
(1) 
Following the hearing:
(A) 
The municipal court may find that the animal is not a dangerous animal, in which case it shall be promptly returned to its owner’s custody after all impound and board fees have been paid;
(B) 
The court shall order the animal destroyed if the court finds that the animal caused the death of a person by attacking, biting, or mauling a person; or
(C) 
If the animal has not caused the death of a person, the court may, but is not required to, order the animal destroyed if the court otherwise finds that the animal is a dangerous animal as defined in section 3.01.001.
(2) 
If the court determines that the animal is a dangerous animal and further determines that the animal should not be destroyed, the court may order the animal returned to the owner if the owner has fully complied with the requirements of subsection (g) below.
(3) 
An owner or person filing the action may appeal the decision of the municipal court in the manner provided for the appeal of cases from the municipal court. The animal subject to the appeal shall remain in the custody of the animal control officer pending appeal. The owner shall pay all cost of maintenance of the animal while the appeal is pending. The animal control officer may bill the owner weekly for the animal’s maintenance.
(f) 
Restrictions on ordering destruction of animal.
Notwithstanding the provisions of subsection (e) above, the court may not order the animal destroyed if the court finds that the animal caused the serious bodily injury to a person by attacking, biting, or mauling the person and:
(1) 
The animal was being used for the protection of a person or person’s property, the attack, bite, or mauling occurred in an enclosure in which the animal was being kept, and:
(A) 
The enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own and provided notice of the presence of a animal; and
(B) 
The injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(2) 
The animal was not being used for the protection of a person or person’s property, the attack, bite, or mauling occurred in an enclosure in which the animal was being kept, and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(3) 
The attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the animal for law enforcement purposes;
(4) 
The animal was defending a person from an assault or person’s property from damage or theft by the injured person; or
(5) 
The injured person was younger than eight years of age, the attack, bite, or mauling occurred in an enclosure in which the animal was being kept, and the enclosure was reasonably certain to keep a person younger than eight years of age from entering.
(g) 
Removal of animal from city; registration; requirements for owner.
If the court finds that the animal is a dangerous animal, but does not order the destruction of the animal, the court shall order that the owner comply with one or more of the following requirements:
(1) 
Removal of the dangerous animal from within the city limits, in which case the owner must provide, in writing, the destination address of where the animal is to reside and proof that the owner has alerted the agency responsible for animal services in that area to the animal control officer prior to the animal being released from the animal control facility; or
(2) 
Registration and compliance with all of the following requirements of this section, at the owner’s expense, before the animal is released from the animal control facility or other state-approved quarantine facility:
(A) 
Obtaining liability insurance coverage or showing financial responsibility in an amount of at least $250,000.00 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or for damages to any person’s property resulting from the keeping of such dangerous animal. A certificate of insurance or other evidence of meeting the above requirements shall be filed with the animal control officer;
(B) 
Registering with the city by providing the name and address of the owner, the breed, age, sex, color and any other identifying marks of the animal, the location where the animal is to be kept if it is not at the address of the owner, and two color photographs that clearly identify the dangerous animal;
(C) 
Having the animal sterilized;
(D) 
Constructing a cage, pen or enclosure for the dangerous animal that has secure sides, a secure top attached to the sides, and either a secure bottom attached to the sides or embedment of the sides into the ground no less than two feet. The pen or enclosure must be completely encircled by a fence constructed in such a manner as to prevent a person or child from being able to reach the animal’s pen or enclosure;
(E) 
Not allowing the animal to go outside of its cage, pen or enclosure unless the animal is under physical restraint. No person shall permit a dangerous animal to be kept outside of its cage, pen or enclosure on a chain, rope or other type of leash unless a person is in physical control of the chain, rope or leash and the person is of competent strength to control the animal at all times. Dangerous animals shall not be leashed to inanimate objects, such as trees, posts, buildings, etc. All dangerous animals outside their cage, pen or enclosure must be securely fitted with a muzzle that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent the animal from biting other animals or human beings;
(F) 
Posting signs giving notice of a dangerous animal in the area or on the premises in which such animal is confined. Such signs shall be conspicuously posted at both the front and rear property entrances and shall bear lettering not less than two inches high, stating “DANGEROUS ANIMAL ON PREMISES.” Such signs shall also display a symbol, that is understandable by small children, that warns of the presence of a dangerous animal;
(G) 
Providing the animal with a fluorescent yellow collar visible at 50 feet in normal daylight and attaching a fluorescent orange tag provided by the animal control officer to the collar that is worn at all times so that the animal can be easily identified;
(H) 
Registering it for life with the animal control officer; and
(I) 
Paying the appropriate dangerous animal permit fee annually, as assessed by the city.
(h) 
Time for compliance.
The owner shall have 15 days from the declaration of the animal as dangerous to comply with all of the required conditions as set forth by the court’s order. If the owner fails to meet all of the requirements, the animal may be humanely euthanized on the sixteenth day by the animal control officer or a licensed veterinarian.
(i) 
Notification of escape or attack.
In the event that a registered dangerous animal escapes its cage, pen or enclosure or attacks a human being or another animal, the owner of the dangerous animal shall immediately notify the animal control officer. For the purposes of this section, “immediately” shall be defined as no less than 30 minutes after the owner becomes aware of the escape or attack(s).
(j) 
Proof of death of animal.
In the event that a registered dangerous animal dies, the owner must present the body of the animal to the animal control officer or a licensed veterinarian for verification before disposal of its body.
(k) 
Transfer of ownership.
Prior to transferring ownership in any way or moving a registered dangerous animal, either inside or outside the city limits, the owner must obtain, in writing, permission from the animal control officer to transfer ownership or move the animal. If ownership of the animal is being transferred, the new owner will be required to comply with all provisions of this chapter before the animal can be moved from the previous owner’s custody. If the animal is being moved from the city limits, the owner must provide, in writing, to the animal control officer, the destination address of where the animal is to be moved to and proof that the owner has alerted the agency responsible for animal services in that area.
(l) 
Seizure of animal.
In the event that any owner of an animal declared to be dangerous violates any order of the court, the animal may be immediately seized and impounded by the animal control officer. In addition, the animal shall be seized immediately if the animal bites, injures, or attacks a human being or another animal. Any animal already declared to be dangerous which is impounded due to any violation of this chapter or seized for causing injury to a human being or another animal shall immediately become the property of the city and shall not continue to be a registered dangerous animal.
(m) 
Euthanization of animal.
If an owner of a dangerous animal is found guilty of an offense under this section, the court may order the dangerous animal be humanely euthanized by the animal control officer or a licensed veterinarian.
(n) 
Refusal to allow inspection.
It shall be a violation for any owner of a permitted dangerous animal to refuse, upon request by the animal control officer, to make his/her animal(s), premises, facilities, equipment, and any necessary permit(s) available for inspection for the purpose of ascertaining compliance with the provisions of this chapter.
(o) 
Bringing dangerous animal into city.
The owner of an animal that has been determined to be dangerous by another jurisdiction is prohibited from bringing such animal into the city limits.
(p) 
Search and seizure warrant.
The animal control officer shall be authorized to obtain a search and seizure warrant if there is reason to believe any requirements of this section are being violated.
(1994 Code, sec. 90.18; Ordinance 2011-39 adopted 11/28/11; Ordinance adopting 2016 Code)
(a) 
It shall be unlawful to keep any wild animal within the corporate city limits, with the following exceptions:
(1) 
A person and facility housing such dangerous wild animal(s) who has complied with all applicable federal, state, and local laws and regulations, including, but not limited to, the acquisition and retention of all applicable permits, prior to final adoption of this chapter, may retain dangerous wild animals(s) in the above-described facility in compliance with all federal, state and local laws;
(2) 
A governmental agency or entity acting in an official capacity;
(3) 
A government-operated zoological park;
(4) 
A permitted wildlife educational center, and animal exhibitions with valid state or federal permits; or
(5) 
A holder of an animal dealer or animal establishment with a wild animal permit. The possessor of the dangerous wild animal shall possess and present upon request all applicable state and/or federal permits required to legally possess the species in question.
(b) 
Animal establishments or animal dealers with dangerous wild animals permit holders [sic] shall make written application to the animal control officer to permanently keep each dangerous wild animal in their possession. The application must include the species and location of the animal, at least two pictures that clearly identify the animal, and proof that the center or person is in possession of the necessary state and/or federal permit(s) to possess such species.
(1994 Code, sec. 90.19; Ordinance 2011-39 adopted 11/28/11)
(a) 
It shall be a violation for any person to sell, offer to sell, give away, offer to give away, or otherwise transfer or attempt to transfer ownership of a dangerous wild animal, unless specifically allowed by some other provision of this chapter. Any person who finds a dangerous wild animal that is at large must immediately notify the animal control officer. This section shall not be interpreted to restrict a person from giving ill, injured, or orphaned wildlife to a state and/or federally licensed wildlife rehabilitator or to a permitted wildlife educational center.
(b) 
For the purposes of this chapter, the animal control officer shall make the determination of whether any animal in question is a pet animal, a wild animal, or a dangerous wild animal. In addition, for the purposes of this section, immediately shall mean within 30 minutes of the person finding that a wild animal or dangerous wild animal is at large.
(1994 Code, sec. 90.20; Ordinance 2011-39 adopted 11/28/11)