§ 4-35. Dangerous, vicious, ferocious animals prohibited.

(1)

It shall be unlawful for any person to keep, harbor, possess or allow in or upon their premises any dangerous, vicious or ferocious animal as defined in article I, section 4-2, regardless of whether or not the animal is on its owner's property. Mere possession or knowledge of presence of a dangerous, vicious or ferocious animal shall be a violation of this section.

(2)

The animal control officer or police officer shall, upon determination that an animal is demonstrating or has recently demonstrated behavior that would classify the animal as a dangerous, vicious or ferocious animal, take custody of said animal and transport it to the city animal shelter, where it shall be held until the municipal court hears the matter for final determination. The city animal shelter shall not place for adoption an animal that is found to be dangerous, vicious or ferocious or awaiting adjudication for same. The animal control officer or police officer may:

(a)

Destroy the animal on site with no risk of liability, if the animal is so dangerous, vicious or ferocious that taking custody of the animal would put the officer or others at risk of attack and injury.

(b)

Order in-home confinement of the animal if certain strict conditions can be met.

(3)

After the animal is impounded or confined, the municipal court shall determine whether the animal is a dangerous, vicious or ferocious animal in violation of this section based upon evidence and testimony presented by the owner and the city through the prosecuting attorney.

(4)

Upon adjudication by the municipal court finding an animal to be dangerous, vicious or ferocious, the municipal judge will:

(a)

Punish the owner according to article I, section 4-6 with a fine and/or jail time;

(b)

Order the animal to be destroyed, rehabilitated at a licensed rehabilitation facility, trained by a certified dog trainer or released to a qualified 501(c)(3) state licensed rescue organization;

(c)

Order the owner to pay for any costs to impound the animal;

(d)

Order the owner to pay for costs to euthanize the animal if so ordered; and/or

(e)

Order the owner to pay for costs of rehabilitation or training and provide the Court with certification of successful completion.

(5)

Persons who destroy a dangerous, vicious or ferocious animal in defense of themselves, other persons or other domestic animals shall not be held criminally responsible.

(6)

Owners whose animals attack, bite or injure another party in defense of their owner, other persons or domestic animals shall not be guilty under this section.

(7)

Dogs owned by governmental or law enforcement agencies when being used in the services of those agencies are exempt from being classified as dangerous, vicious or ferocious.

(Ord. No. 4379, § 1, 7-20-15)