(a)
A
person commits an offense if the person is the owner of a dangerous
animal and the animal makes an unprovoked attack on another person
or animal or attempts to attack a person or animal outside the animal’s
enclosure and causes bodily injury to the other person or animal.
(b)
It
shall be unlawful for any person to own, keep or harbor a dangerous
animal within the city limits. For purposes of this chapter, a person
learns that the person is the owner of a dangerous animal when the
owner knows of an unprovoked attack committed by the animal that causes
bodily injury to a person or another animal, or when the owner is
informed by animal control that the animal is a dangerous animal.
(c)
Once
an animal has been determined to be dangerous it must be:
(1)
Removed from the city within twenty-four (24) hours of the owner
learning that the animal is dangerous or upon quarantine clearance,
whichever is later; or
(2)
Surrendered for euthanasia to an animal control officer or a veterinarian,
as approved by animal control, within twenty-four (24) hours of the
owner learning that the animal is dangerous or upon quarantine clearance,
whichever is later.
(d)
It
is an affirmative defense to the determination that an animal is dangerous
when it can be shown that:
(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 animal;
(2)
The person was teasing, tormenting, abusing, or assaulting the animal
or has in the past been observed or reported to have teased, tormented,
abused, or assaulted the animal;
(3)
The person was committing or attempting to commit a crime;
(4)
The animal attacked or killed was at the time teasing, tormenting,
abusing or attacking the alleged dangerous animal;
(5)
The animal was protecting or defending a person within the immediate
vicinity of the animal from an unjustified attack or assault; or
(6)
The animal was injured and responding to pain.
(Ordinance 08-O-02, sec. 11, adopted 1/14/2008; 2009 Code, sec. 2.03.001)
(a)
Should
any person desire to file a complaint concerning an animal which is
believed to be a dangerous animal, a sworn, written complaint must
first be filed with a police officer or an animal control officer
as follows:
(1)
Name, address and telephone number of complainant and any 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 describing in detail the facts upon which such complaint
is based; and
(6)
A statement describing in detail any incidents where the animal has
exhibited dangerous propensities in the past if known.
(b)
After
a sworn complaint is filed, it shall be referred for disposition to
the chief of police or his representative who shall set a time and
place for a hearing not to exceed twenty (20) days from the time the
complaint is received. A police officer or an animal control officer
shall give notice of the hearing to the animal’s owner at least
ten (10) days prior to the hearing date. After the owner of the animal
is notified, the owner shall keep such animal at the animal shelter
or at a veterinarian’s clinic whose facility is located within
the city limits until the chief of police or his designee holds such
hearing. After the owner of the animal receives notice, the animal
control officer shall impound the animal specified in the complaint
if such animal is found at large.
(c)
The
chief of police or his designee shall receive testimony at the hearing
to determine if the animal specified in the complaint is a dangerous
or vicious animal and should be permanently removed from the city
or destroyed for the protection of the public health, safety and welfare
of the citizens of the city. In order to determine if either of the
above actions are necessary, the chief of police or his designee must
find the following facts to be true:
(d)
If
the chief of police or his designee orders the destruction or removal
of the animal and the owner was not present at the hearing, the owner
shall be given notice of the decision. If removal or destruction of
the animal is not ordered, the animal control officer shall return
the animal to the owner upon payment of all applicable fees. If the
chief of police or his designee orders the animal removed from the
city, he shall allow the owner ten (10) days to do so. The owner shall
furnish the chief of police or his designee evidence of such removal
within ten (10) days thereof. Once the animal has been ordered to
be removed from the city and the owner has done so, it shall be unlawful
for the animal to be allowed back into the city for any purpose. All
boarding fees shall be borne by the owner.
(e)
A person commits an offense if he knowingly possesses and fails to release to the animal control officer or a veterinarian, as approved by animal control, an animal that has been charged by sworn complaint as provided in subsection (b) of this section and whose destruction or removal has been ordered by the chief of police or his designee; provided that such destruction or removal has not been appealed.
(Ordinance 08-O-02, sec. 12, adopted 1/14/2008; 2009 Code, sec. 2.03.002)
An owner may appeal a destruction or removal order to the municipal
court for a substantial evidence review within five (5) days of the
decision. If the chief of police or his designee receives written
notice of appeal within five (5) days of the decision, the destruction
or removal order shall be suspended pending final determination of
the municipal court judge, provided that, during the pendency of the
appeal, the owner shall keep such animal at the animal shelter or
at a veterinarian’s clinic whose facility is located within
the city limits. The municipal court judge may affirm, modify, or
reverse such decision. The chief of police shall furnish the municipal
court judge with all reports, memoranda, and other tangible evidence
received by him as well as a summary of the evidence and his findings.
The decision of the municipal court judge will be made by the application
of the substantial evidence rule.
(Ordinance 08-O-02, sec. 13, adopted 1/14/2008; 2009 Code, sec. 2.03.003)
