(a)   Dangerous dog, as used in this article, shall mean:

(1)   Any dog with a known propensity tendency or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals; or

(2)   Any dog which in a vicious or threatening manner, approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places; or on private property; or

(3)   Any dog which attacks or bites, or has attacked or bitten a human being or domestic animal; or

(4)   Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

Notwithstanding the definition of a dangerous dog above, no dog may be declared dangerous if any injury or damage is sustained by a person or animal who at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.

No dog may be declared dangerous if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teaching, tormenting, abusing or assaulting the dog. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

No dog may be declared dangerous if the injury or damage was sustained by a chicken, duck, cat, or other animal that was not in a fenced or enclosed area on its owner’s premises.

Nothing in this article shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.

(b)   Enclosure means a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog. An enclosure shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure. An enclosure shall have a secure top suitable to confine a dangerous dog. If such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than one (1) foot.

(Ord. 2018-07; Code 2021)

In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous, as defined by section 2-301, the municipal judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by section 2-301. The animal control officer or law enforcement officer may order the dog to be impounded at a licensed veterinary clinic, the Humane Society, or the City’s dog shelter pending the determination of whether the dog is dangerous. The owner or keeper of the dog shall be liable for the costs of keeping such dog.

The animal control officer or law enforcement officer shall notify the owner or keeper of the dog that the hearing will be held, at which time evidence will be presented that the dog is dangerous and at which time the owner or keeper of the dog may present evidence to rebut evidence presented by the City and present such other evidence as may be relevant. The failure of the owner or keeper to attend or participate in the hearing shall not keep the judge from making the appropriate determination concerning the dog. The hearing shall be held promptly within no less than five (5) nor more than twenty (20) days after service of notice upon the owner or keeper of the dog. The City shall have the burden of proof to show that the dog is dangerous pursuant to section 2-301.

After the hearing, the owner or keeper of the dog shall be notified in writing of the determination. If a determination is made that the dog is dangerous, the owner or keeper shall comply with the provisions of this article within fifteen (15) days. If the owner fails to comply with the provisions of this article within the time provided, the dog shall be destroyed. If the owner or keeper of the dog contests the determination, he or she may appeal within ten (10) days to the district court pursuant to law.

(Ord. 2018-07; Code 2021)

If the municipal court judge determines that a dog is dangerous pursuant to this article, the owner or keeper of the dangerous dog shall be required to comply with the following:

(a)   Registration. The owner or keeper shall annually register the dangerous dog with the City, on such forms designated by the City Clerk. The owner or keeper shall be responsible for maintaining with the City Clerk the address of the owner or keeper and the dangerous dog. The owner or keeper shall notify the City Clerk within seven (7) days of a change in address for the owner or keeper and dangerous dog.

(b)   Confinement. All dangerous dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper to maintain a dangerous dog upon any premises that does not have a locked enclosure. It shall be unlawful for any owner or keeper to allow a dangerous dog to be outside of the dwelling of the owner or keeper or outside the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the dangerous dog or for the limited purposes of allowing said dangerous dog to urinate or defecate or to sell or give away the dangerous dog or respond to such orders of law enforcement officials as may be required. In such event, the dangerous dog shall be securely muzzled and restrained with a leash not exceeding four (4) feet in length, and shall be under the direct control and supervision of the owner or keeper of the dangerous dog. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

(Ord. 2018-07; Code 2021)

It shall be unlawful for any person to violate the provisions of this article. Any person found guilty of violating the provisions of this article shall be assessed, fined, and the animal disposed of, as provided below:

(a)   At-Large. Any dangerous dog that is not confined or registered as required pursuant to this article shall be impounded by an animal control officer or a law enforcement officer. For a second offense within twenty-four (24) months, in which the dog is not confined or registered as required pursuant to this section, the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog.

(b)   Attack on Human. If any dangerous dog shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing, a human being, the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog.

(c)   Attack on other animal. If any dangerous dog shall kill or wound, or assist in killing or wounding, any animal, the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog. If the owner or keeper of a dog impounded pursuant to this section shall believe that there shall not have been a violation of the provisions of this section, such owner may petition the Municipal Court, on forms approved by the Municipal Judge, praying that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending the resolution of such owner’s petition if the petition shall have been filed within five (5) days of impoundment of such dog. The dog shall remain impounded pending the determination of the petition. If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner upon the payment of the expenses by the owner or keeper.

(Ord. 2018-07; Code 2021)

Notwithstanding any other provision of this article to the contrary and irrespective of whether the dog has been declared dangerous pursuant to this article, the Municipal Judge may order any dog destroyed if the judge determines that the dog is an immediate threat to public health and safety and that confinement and registration of the dog by the owner or keeper of the dog as provided in this article will not adequately protect public health and safety. No person shall harbor, own, or possess a dog that is an immediate threat to public health and safety. In making such determination the judge may consider the severity of the attack and such other relevant information.

(Ord. 2018-07; Code 2021)

Any person convicted of the violation of any of the provisions of this section shall be subject to the penalty provisions of Article 4 as hereinafter set out.

(Ord. 2018-07; Code 2021)