Division 3 — BITING DOGS

(a)

No person owning or having charge, custody, control, or possession of any dog or animal suspected of having bitten any person shall permit it to run at large, or to run loose or unrestrained in the city. The fact that such dog or animal has bitten any person shall be prima facie evidence that it is a vicious or dangerous animal, and its vicious or dangerous nature shall be accepted as correct until proven otherwise.

(b)

Every person who owns or has charge, custody, control or possession of a vicious or dangerous dog or animal shall cause it at all times to be leashed, or confined within a fenced or enclosed area, provided that notice in writing to this effect has first been delivered to such person by the duly authorized or designated representatives of the city. After such notice, any person who violates and is convicted under the provisions of this section shall be guilty of a misdemeanor. After such notice, an animal services officer shall have the authority and discretion to seize, impound, and quarantine a vicious or dangerous dog in the city's animal shelter at the expense of the owner or keeper of the dog, rather than allowing the dog to be quarantined in place, where the animal services officer has determined that probable cause exists to believe the dog in question poses an immediate threat to public safety and quarantine in the city's animal shelter would provide for greater public safety.

(c)

It shall be unlawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined under the provisions of this chapter, without the consent of the animal services officer. This subsection (c) shall not apply to an animal services officer exercising authority and discretion to seize, impound, and quarantine any animal that has been isolated or quarantined in place under the provisions of this chapter in order to quarantine such animal in the city's animal shelter.

(Code 1968, § 5-19; Ord. No. 1041, § 1(5-19), 12-3-91; Ord. No. 1733, § 2, 9-8-15)

(a)

If it shall be determined by the animal services officer, after giving the order or quarantine mentioned in section 4-131, that the dog is a vicious dog, although not afflicted with rabies, the owner or person having charge, custody or control of a vicious dog shall keep the dog in an enclosure with a secure top when maintained unattended out-of-doors; and any enclosure for such dog kept out-of-doors must be fenced with a perimeter or area fence no less than three feet from such enclosure. The owner or person having charge, custody or control of a vicious dog shall not permit such dog to be chained, tethered or otherwise tied to any inanimate object, such as a tree, post or building. The owner or person having charge, custody or control of a vicious dog shall keep the dog while it is off its property, except when being transported securely confined within a vehicle, restrained by a leash not to exceed six feet in length, and muzzled by any means sufficient to prevent the biting of other persons or domestic animals. Failure to do so on the part of the owner or person having custody, or any violation by the owner or person having custody of the dog, of the order of the animal control officer shall constitute a violation of this article.

(b)

In determining whether or not such dog is vicious, the animal services officer shall be guided by the following:

(1)

Whether or not the dog has bitten other persons other than on the occasion which gave rise to the operation of section 4-131;

(2)

The circumstances surrounding the occasion indicating the temper and ferocity of the dog;

(3)

The reputation of the dog in the community in regard to its temper and ferocity; and

(4)

Its general menace to the public.

(c)

However, vicious dog shall mean any dog which constitutes a physical threat to a human being or any other domestic animal by virtue of a known propensity to endanger life by an unprovoked assault or bite so as to cause serious bodily harm. Any dog trained or bred, primarily or in part, to attack or fight shall constitute prima facie evidence that the dog has a known propensity to endanger life. Despite prima facie evidence that a dog is a vicious or dangerous animal or has a known propensity to endanger life, a dog shall not be deemed vicious if it:

(1)

Attacks, bites or menaces anyone assaulting the owner of such dog, a trespasser on the property of the owner, or any person or other animal who has tormented or abused it;

(2)

Is otherwise acting in defense of an attack from a person or other animal upon the owner or other person; or

(3)

Is protecting or defending its young or other animals, provided that the responding animal services officer determines that the dog attacked, bit or menaced in order to protect or defend its young or other animals in the discretion of the animal services officer.

A dog shall not be deemed vicious if it is an official police dog.

(d)

This section shall be operative regardless of whether or not the dog in question has been vaccinated and tagged as required in sections 4-96 and 4-97.

(e)

Any dog that has been determined to be vicious or dangerous shall be registered by the owner or person having charge, custody or control of the vicious dog with the city for a period of 36 months following the attack or bite and shall be subject to an annual fee as set by resolution of the city council.

(f)

In order to own or have charge, custody or control of a vicious or dangerous dog, additional requirements apply. If a dog is determined to be vicious or dangerous, the responding animal services officer shall provide to the owner or person having charge, custody or control of the vicious or dangerous dog a form with the requirements for ownership or control of a vicious or dangerous dog. The owner or person having charge, custody or control of the vicious or dangerous dog must comply with all requirements for ownership or control of a vicious or dangerous dog.

(Code 1968, § 5-20; Ord. No. 1041, § 1(5-20), 12-3-91; Ord. No. 1733, § 3, 9-8-15)

The animal control officer may, in his or her discretion, post or cause to be posted an appropriate sign on any premises where a dog, even if vaccinated and licensed, has been quarantined pursuant to this article to warn the public of the fact. It shall be unlawful for any person to remove a sign posted pursuant to this section without permission of the animal services officer. The prohibition against removal of a sign shall not apply to an animal services officer exercising authority and discretion to seize, impound, and quarantine any animal that has been isolated or quarantined in place under the provisions of this chapter in order to quarantine such animal in the city's animal shelter.

(Code 1968, § 5-21; Ord. No. 1041, § 1(5-21), 12-3-91; Ord. No. 1733, § 4, 9-8-15)