§ 8-91. Vicious dog or other animal; requirements for confinement.

(a)

It shall be a misdemeanor to permit any vicious or dangerous dog or other animal to run at large within the city.

(b)

Any vicious or dangerous dog or other animal shall include any animal which has attacked or threatened to attack, bitten or threatened to bite, or in any other manner endangered people or other animals.

(c)

Any vicious or dangerous dog or other animal must at all times be securely confined in a totally enclosed humane and sanitary locked house, pen or enclosure, which shall be constructed in such manner as to prevent the animal's escape therefrom by tunneling, climbing, chewing, breaking or any other means or effort by the animal; furthermore, such enclosure shall be made secure from the accidental or intended invasion thereof, without forcible entry, by any adult or child human being, and such enclosure shall have conspicuous signs plainly visible from any external view displaying the words "Dangerous Animal—Keep Away" in block letters not less than two (2) inches square.

(d)

At any time that a vicious or dangerous dog or other animal is not confined as required in subsection (c), such animal shall be muzzled in such a manner as to prevent it from biting or injuring any person or animal and shall be kept on a leash with the owner or custodian in attendance at all times. No vicious dog may be walked within one hundred fifty (150) feet of any school ground, play ground or park, nor enter into such school ground, play ground or park.

(e)

Any vicious animal which is not confined or muzzled as provided in this section shall be impounded at the county humane shelter and shall not be released until the hearing hereinafter provided has been held, the animal has been properly vaccinated or suitable arrangements made for vaccination, and a pound fee of twenty-five dollars ($25.00) plus ten dollars ($10.00) for each day of impoundment paid the pound fee shall be in addition to any fine imposed hereunder.

(f)

The municipal judge shall conduct a show-cause hearing within seventy-two (72) hours, except Sunday, with respect to any impounded vicious or dangerous dog or other animal; notice of such hearing shall be served upon the owner of such animal or the person in whose possession the animal was found. At such hearing the court shall determine whether or not the animal is sufficiently vicious so as to constitute a menace to the public health and safety, and in such event, for the protection of the public, the court may order that the animal be humanely destroyed; if the animal is not ordered destroyed, the court may, in its discretion, order the animal to be spayed or neutered by a licensed veterinarian; and in each case in which the court determines that the provisions of this chapter have been violated, the following minimum penalties shall be imposed:

(1)

First offense, a fine of not less than two hundred fifty dollars ($250.00) and restitution to the victim;

(2)

Second offense, a fine of not less than five hundred dollars ($500.00) and restitution to the victim;

(3)

Third offense, a fine of not less than one thousand dollars ($1,000.00), and restitution to the victim, and up to thirty (30) days in jail; in addition, the animal shall be permanently removed from the corporate limits of the city, and if the animal is subsequently found within the city limits, it shall be humanely destroyed.

(Ord. No. 90-0022, § 1, 10-16-90; Ord. No. 11-005, § I, 7-5-11)