A. 
For the purposes of this chapter, "dangerous animal" means an animal which:
1. 
Is owned or harbored for the purpose of fighting; or
2. 
Has twice within a forty-eight-month period bitten a person engaged in a lawful activity; or
3. 
Has once bitten a person engaged in a lawful activity, causing death or serious injury; or
4. 
Has twice within a forty-eight-month period shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury to a person engaged in a lawful activity; or
5. 
Has three times within a forty-eight-month period killed, seriously bitten, inflicted injury, or otherwise attacked any animal off the property of the owner or keeper; or
6. 
Has twice within a forty-eight-month period killed, seriously bitten, inflicted injury, or otherwise attacked any animal, on the property where that animal is kept; or
7. 
Has been declared a "dangerous animal" by the chief of police pursuant to Section 6.22.020 of this chapter.
B. 
A "serious injury" is defined as any injury which involves the breaking of the skin of the victim, or which requires medical attention.
C. 
A "dangerous animal" within the meaning of this section is hereby deemed a public nuisance and shall be subject to the provisions of this code relating to dangerous animals and public nuisances for the remainder of its life.
D. 
This chapter does not apply to licensed kennels, humane society shelters, Society for the Prevention of Cruelty to Animals shelters, veterinarians, or licensed trainers of guard dogs.
(Ord. 3808 § 1, 1984; Ord. 3991 § 3, 1986; Ord. 4111 § 1, 1988; Ord. 4503, 01/23/96)
A. 
General provisions.
1. 
If the chief of police or an authorized representative has cause to believe that an animal is a "dangerous animal" within the meaning of § 6.22.010 A, B, or C, (s)he may find and declare such animal a "dangerous animal."
2. 
Upon finding and declaration that an animal is a "dangerous animal," the chief or representative shall notify the owner and/or possessor of the finding and declaration.
3. 
The notice shall inform the owner and/or possessor of that animal that (s)he may request a hearing within five working days to contest the finding and designation.
4. 
Failure of the owner and/or possessor to request a hearing pursuant to subsection 3 shall result in the declaration becoming final.
5. 
A finding at the hearing that the animal does fall within subsections A, B, or C of § 6.22.010 shall result in the declaration becoming final.
6. 
The chief of police or an authorized representative is hereby authorized and empowered to impound and/or abate any "dangerous animal" independently of any criminal prosecution or the results thereof by any reasonable means necessary to ensure the health, safety and welfare of the public, including, but not limited to, the destruction of the animal or by the imposition upon the owner and/or possessor specific reasonable restrictions and conditions for the maintenance of the animal. The restrictions and conditions may include, but are not limited to:
a. 
Obtaining and maintaining liability insurance in the amount of $100,000 and furnishing a certificate or proof of insurance by which the city clerk shall be notified at least ten days prior to cancellation or nonrenewal, or at the owner's option, the filing with the city clerk of proof of a bond in the amount of $35,000, to be able to respond in damages;
b. 
Requirements as to size, construction and design of enclosure;
c. 
Location of the animal's residence;
d. 
Requirements as to type and method of restraints and/or muzzling of the animal;
e. 
Photo identification or permanent marking of the animal for purposes of identification;
f. 
Payment of a reasonable fee to recover the costs of the city clerk or chief of police or authorized representative in verifying compliance and enforcing the provisions of this section.
The chief of police or authorized representative may also commence proceedings in accordance with the abatement procedure in § 6.22.060 of this chapter.
B. 
Notification of right to hearing.
At least five working days prior to the impoundment and/or abatement, the owner or custodian of record shall be notified of their right to a hearing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, the impoundment and/or abatement hearing may be held in conjunction with the hearing provided for in subsection A of this section. If the owner or custodian of record requests a hearing prior to impoundment and/or abatement, no impoundment and/or abatement shall take place until the conclusion of the hearing, except as noted in subsection C.
C. 
Immediate impoundment.
When, in the opinion of the chief of police or authorized representative, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the animal has been impounded under other provisions of this code or state law, the preimpoundment hearing shall be waived; however, the owner or custodian of record shall be given a notice allowing five working days to request an abatement hearing. If requested, a hearing shall be held within five days of the request, and the animal shall not be disposed of prior to the conclusion of the hearing. If, after five working days, no request for a hearing is received from the owner or custodian of record, the animal in question shall be disposed of under applicable provisions of law.
D. 
Change of ownership, custody, and/or residence.
Owners of a dangerous animal who sell or otherwise transfer the ownership, custody or residence of the animal shall, at least ten days prior to the sale or transfer, inform the chief of police or authorized representative in writing of the name, address and telephone number of the new owner, custodian and/or residence, and the name and description of the animal. The owner shall, in addition, notify the new owner or custodian in writing of the details of the animal's record, terms and conditions of maintenance, and provide the chief of police or authorized representative with a copy thereof containing an acknowledgment by the new owner or custodian of his/her receipt of the original. The chief of police or authorized representative shall notify the new owner or custodian in writing of any different or additional restrictions or conditions imposed pursuant to subsection A 6 as a result of the change of ownership, custody, or residence.
E. 
Possession unlawful.
It is unlawful to have custody of, own or possess a dangerous animal within the meaning of § 6.22.010 A, B, or C, whether or not the animal has been declared a "dangerous animal" by the chief of police, unless it is restrained, confined, or muzzled so that it cannot bite, attack or cause injury to any person.
F. 
Declared dangerous animal.
It shall be unlawful for the owner and/or possessor of an animal declared dangerous pursuant to sub-section A to fail to comply with any requirements or conditions imposed pursuant to subsection A 6. If a declared "dangerous animal" escapes, the owner/possessor shall immediately notify the chief of police and make every reasonable effort to recapture it.
G. 
Violation.
Any person who violates any provision of this section is guilty of a misdemeanor.
(Ord. 3808 § 1, 1984; Ord. 3991 § 3, 1986; Ord. 4503, 01/23/96; Ord. 4528, 03/11/97)
It is unlawful to own or possess an animal that has been declared a dangerous animal unless the animal is restrained, confined, or muzzled so that it cannot bite, attack, or cause injury to any person.
(Ord. 3808 § 1, 1984; Ord. 4503, 01/23/96)
A. 
Animal owners shall at all times prevent their animals from biting or harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property. Any person who violates any provision of this section is guilty of a misdemeanor.
B. 
Any person owning or having custody or control of a dangerous animal is guilty of a misdemeanor if, as a result of that person's failure to exercise ordinary care, the animal injures or shows the disposition, tendency, or propensity to attack or cause injury to a person engaged in lawful activity and the owner or custodian knew or should have known of the dangerous nature or propensity of the animal. This section does not apply to animals used in military or police work while they are actually performing in that capacity.
(Ord. 3808 § 1, 1984; Ord. 3991 § 3, 1986; Ord. 4503, 01/23/96)
The chief of police or other authorized employee may abate any dangerous animal kept in violation of this chapter by any reasonable means, including, but not limited to:
A. 
Impoundment followed by redemption pursuant to Chapter 6.20 of this code, subject to any and all restrictions and conditions imposed by the chief of police pursuant to subsection (A)(6) of Section 6.22.020; or
B. 
Killing and disposition pursuant to Section 6.20.100 of this code.
(Ord. 3808 § 1, 1984; Ord. 3991 § 3, 1986; Ord. 4503, 01/23/96)
At least three business days prior to abatement, the owner and/or possessor of the animal, if known, shall receive actual notice stating:
A. 
The fact that the animal will be abated, including the scheduled date and time of abatement;
B. 
Whether abatement will be by impoundment or by killing and disposition; and
C. 
That the owner and/or possessor has a right to a hearing before the chief of police, or designated representative, to determine if the animal has been kept in violation of this chapter.
If the owner and/or possessor requests a hearing prior to the scheduled time of abatement, no abatement shall take place until the conclusion of the hearing, except as provided in § 6.22.090. Said hearing shall take place within two business days of the request. If no hearing is requested, abatement may occur at the scheduled time.
(Ord. 3808 § 1, 1984; Ord. 4503, 01/23/96; Ord. 4528, 03/11/97)
If a hearing is requested and at the conclusion of the hearing it is found that the animal has been kept in violation of this chapter, abatement may take place as provided in Section 6.22.060.
(Ord. 3808 § 1, 1984; Ord. 4503, 01/23/96)
Notwithstanding any other provision of this code, the animal control officer, the chief of police, or any officer or employee of the city authorized to act for them, are hereby authorized to summarily abate any animal when necessary for the preservation of the health or safety of the public or the animal. Such abatement may be by any means reasonably necessary, including but not limited to, impoundment or destruction of the animal.
In such a case, or if impoundment is proper under any other chapter of this code or under state law, no notice or hearing shall be required.
(Ord. 3808 § 1, 1984; Ord. 4503, 01/23/96)
Upon a change in the ownership or possession of an animal declared to be a dangerous animal, the police department shall be informed, within ten days of such change, of the name, address and telephone number of the new owner and/or possessor, and the name and description of the animal. The previous owner and/or possessor shall, in addition, notify the new owner and/or possessor in writing of the incidents which caused the animal to be declared a dangerous animal, and any and all restrictions and conditions imposed pursuant to subsection (F) of Section 6.22.020 of this chapter, and shall provide the police department with a copy containing an acknowledgment by the new owner and/or possessor of the receipt of said notification.
(Ord. 3808 § 1, 1984; Ord. 4503, 01/23/96)
Any owner and/or possessor allowing an animal to be kept in violation of the provisions of this chapter shall be deemed guilty of a misdemeanor, and shall be subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code.
(Ord. 3808 § 1, 1984; Ord. 4503, 01/23/96)