Article VII — POTENTIALLY DANGEROUS, VICIOUS AND NUISANCE ANIMALS

If an animal control officer or other law enforcement officer ("officer") has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous, vicious or a nuisance, the animal control officer, or his or her designee, may petition the chief of police, or his or her designee, for a hearing for the purpose of determining whether or not the animal in question should be declared a potentially dangerous, vicious, or a nuisance animal.

Whenever possible, any complaint received from a member of the public that serves as the evidentiary basis for the officer to find probable cause must be sworn to and verified by the complainant and attached to the petition.

The animal control officer will attempt to notify the owner or keeper of the animal that a hearing will be held by the hearing officer at which time he or she may present evidence as to why the animal should not be declared a potentially dangerous, vicious, or nuisance animal. This evidence may be offered in either written or oral form by the owner of the animal or any interested citizen, including animal control officers, humane officers, or peace officers, and be sworn to under penalty of perjury.

(Ord. No. 527, § 1, 2-21-2023)

To initiate a nuisance animal hearing based on noise complaints, the animal control officer must receive a combination of wither written complaints from three or more individual residences within a reasonable distance of the animal in question or three or more citations for excessive noise. Along with submitting the complaint, each complaint must submit separate "noise" logs on which they have recorded dates and times of nuisance noise over a minimum five-day period. Video or audio recording may also be submitted as evidence.

(Ord. No. 527, § 1, 2-21-2023)

If upon investigation it is determined by an animal control officer or other law enforcement officer ("officer") that probable cause exists to believe the animal in question poses an immediate threat to public safety or safety to the animal, the officer may seize and impound the animal pending the hearing or determination provided for in this chapter.

The owner or keeper of the animal is liable to the city for the costs and expenses of keeping the animal if the animal is later determined to be a public nuisance, potentially dangerous or vicious animal.

If public safety is adequately assured, the officer may permit the animal to be confined at the owner's expense in an approved kennel or veterinary facility or on the owner's premises.

(Ord. No. 527, § 1, 2-21-2023)

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

No animal may be declared a potentially dangerous, vicious, or nuisance animal if the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault.

No animal may be declared a potentially dangerous, vicious, or nuisance animal if any injury or damage was sustained by a domestic animal that at the time the injury or damage was sustained was teasing, tormenting, abusing or assaulting the animal.

(Ord. No. 527, § 1, 2-21-2023)

All animals that have been determined by the hearing officer to be potentially dangerous or vicious must be properly licensed and vaccinated. The status of the animal will be included in the licensing records either after the owner has agreed to the designation or the hearing officer has determined the designation applies

to the animal. An additional fee of twice the applicable license fee will be charged for maintaining this additional information in the records.

A potentially dangerous or vicious animal must be kept indoors or in an enclosure while on the owner's property. A potentially dangerous animal may be off the owner's property only if it is restrained by a substantial leash no longer than four feet in length or within an enclosed vehicle.

The owner of a potentially dangerous or vicious animal must notify the animal control officer, in writing, within two working days if the animal dies, is sold, transferred, or permanently removed from the city. If the animal is sold or transferred the owner must provide the name, number, and address of the new owner.

Owners of potentially dangerous or vicious animals must notify in writing any person to whom the animal is sold that the animal is potentially dangerous or vicious.

The owner or keeper of a vicious animal will have 30 days from the date of the determination to provide the animal control officer with proof from a licensed veterinarian of the animal's sterilization and microchipping or a signed letter from a licensed veterinarian describing the reason why altering or microchipping is not possible.

The hearing officer may impose any additional conditions upon the ownership of a potentially dangerous or vicious animal that protects public health, safety, or welfare.

(Ord. No. 527, § 1, 2-21-2023)

The owner of a vicious animal must be at least 18 years of age or older.

The owner of a vicious animal must provide proof to the animal control officer that the owner has procured liability insurance in the amount of at least $100,000.00 covering any damage or injury that may be caused by the vicious animal during the 12-month period for which the license is sought. Liability insurance must be maintained so long as the owner keeps the vicious animal within city limits.

The owner or keeper must, at his or her own expense, and within two working days of receipt of notice of determination that the dog is vicious, provide the animal control officer with two current color photographs of the animal that show the animal in a standing position.

All animals determined to be vicious must be confined inside the owner's residence or in an enclosure. It is unlawful for any owner or keeper to maintain a vicious animal upon any property that does not have an enclosure.

It is unlawful for any vicious animals to be on public property without written permission from the animal control officer with the exception of transporting the animal to seek out veterinary treatment due to a medical emergency.

In any case where a vicious animal is lawfully outside the enclosure, except in cases where it is inside the dwelling of the owner or keeper, the animal must be securely muzzled and/or restrained, with a lead sufficient to restrain the animal no more than four feet in length, and the animal must be under the direct control and supervision of its owner or keeper.

(Ord. No. 527, § 1, 2-21-2023)

The hearing officer may impose any reasonable conditions upon the ownership of the dog that will correct the circumstances that create the nuisance.

The owner or keeper of an animal determined to be a public nuisance will have 30 days from the date of the determination to provide the animal control officer with proof from a veterinarian of the animal's sterilization and microchipping.

(Ord. No. 527, § 1, 2-21-2023)

An animal determined to be vicious may be humanely destroyed by any animal control officer or peace officer when any of the following occur:

(1)

After proceedings conducted, it is determined that the release of the animal would create a significant threat to the public health, safety, or welfare.

(2)

An owner of an animal that has previously been determined to be a vicious animal violates the provisions of this subchapter relating to the keeping of vicious animals.

(3)

An animal that has previously been determined to be a vicious animal, when unprovoked, attacks, wounds, bites, or otherwise injures or kills any person.

(Ord. No. 527, § 1, 2-21-2023)

If there are no additional instances of the behavior described in the definitions of potentially dangerous animal and public nuisance animal as defined in this chapter, within a 36-month period from the date of designation as a potentially dangerous or public nuisance, the animal will be removed from the list of potentially dangerous or public nuisance animals.

The animal may be removed from the list of potentially dangerous or public nuisance animals prior to the expiration of the 36-month period if the owner or keeper of the animal demonstrates to the animal control officer that changes in circumstances or measures taken by the owner or keeper, such as training of the animal, have mitigated the risk to the public safety.

(Ord. No. 527, § 1, 2-21-2023)

Any violations relating to potentially dangerous, vicious or nuisance animals will be as set forth in a resolution adopted by the city council and on file in the city clerk's office.

(Ord. No. 527, § 1, 2-21-2023)