The following words, terms and phrases, when used in this article, shall have the meaning 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 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 may result 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.
(Ordinance adopting 2023 Code)
(a) 
A dog shall be automatically declared to be a vicious dog as defined under section 3.01.001 if the owner or keeper is convicted under section 3.06.005.
(b) 
An animal control officer may find and declare a dog to be a vicious dog if the official has cause to believe that a dog is a vicious dog as defined under section 3.01.001.
(Ordinance adopting 2023 Code)
(a) 
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) 
Notice.
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 (10) 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.
(Ordinance adopting 2023 Code)
(a) 
Within five (5) 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 3.06.007.
(b) 
If the dog is declared to be vicious under section 3.06.002, 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 (5) working days from receipt by the owner of the vicious dog declaration. Failure to appeal the declaration of vicious dog within five (5) working days shall result in the animal control officer’s declaration being final.
(Ordinance adopting 2023 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 (10) 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.
(Ordinance adopting 2023 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.
(Ordinance adopting 2023 Code)
(a) 
An owner of a dog declared to be a vicious dog under section 3.06.002 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 left inside 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 provided in appendix A of this code.
(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.
(Ordinance adopting 2023 Code)
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, or 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.
(Ordinance adopting 2023 Code)