For the purpose of this article DANGEROUS ANIMAL means and includes:
(a) Any mammal, including any wild animal crossed breed to a domestic cat or dog, any amphibian, reptile or fowl which is of a species which, due to size, vicious nature or other characteristics would constitute a danger to human life, physical well-being, or property, including but not limited to lions, tigers, leopards, panthers, bears, wolves, apes, gorillas, monkeys of a species whose average adult weight is 20 pounds or more, foxes, elephants, alligators, crocodiles, and snakes which are poisonous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup, including all constrictors
(b) Any dog or cat having a disposition or propensity to attack or bite any person or animal without provocation
(c) Any pit bull dog, unless such animal resided within the city limits prior to the passing of this ordinance. Pit Bull Dog is defined to mean any and all of the following dogs:
(1) The Staffordshire Bull Terrier breed of dogs;
(2) The American Staffordshire Terrier breed of dogs;
(3) The American Pit Bull Terrier breed of dogs;
(4) Any dog which has the appearance and characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bulll Terrier, or American Stafordshire Terrier; Any dog whose registration at any time listed it as a pit bull or any of the dogs listed above shall constitute prima facie evidence the animal is prohibited by this section. (Ord. 2003-10; Ord. 2004-5)
Except as provided in Section 2-303, no person shall own, keep, or harbor any dangerous animal in the city. (Ord. 2003-10)
2–303. EXCEPTIONS: PERMIT AND REGISTRATION REQUIREMENTS.
(a) Any person or organization which falls into one of the following subsections shall be permitted to own, harbor or have charge, custody, control, or possession of any animal described in section 2-301; provided further that owners, keepers, or harborers of pit bull dogs, shall be required to register their animals in accordance with the provisions of this article.
(1) The keeping of such animals in zoos, bona-fide education for medical institutions, museums, or any other place where they are kept as live specimens for the public to view, or for the purpose of instruction or study.
(2) The keeping of such animal for exhibition to the public of such animal by a circus, Carnival or other exhibit or show.
(3) The keeping of such animals in a bona-fide, licensed veterinary hospital for treatment.
(4) Commercial establishments possessing such animals for the purpose of sale or display.
(5) The keeping of a registered pit bull as defined in section 2-301 herein. The keeping of such dogs, however, shall be subject to the following mandatory requirements:
(b) Leash And Muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leased with a leash no longer than four feet in length. No person shalf permit such dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects. In addition, all such dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
(c) Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and secure top attached to the sides. All structures used to confine Such dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house such dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(d) Confinement Indoors. No such animal may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows are the only obstacles preventing the dog from exiting the structure.
(e) Signs. All owners, keepers or harborers of registered pit bull dogs within the city shall within 10 days display in a prominent place on their premises a sign easily readable by the public using the works “Beware of Dog”. In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(f) Insurance. All owners, keepers or harborers of registered pit bull dogs must within 10 days provide proof to the city clerk of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person or persons or for damage to property owned by any person which may result from the Ownership, keeping or maintenance of such animal. At the time of initial registration the owner, keeper or harborer must present proof to the city clerk of the required insurance. At the time of subsequent registration the owner, keeper or harborer must show proof of insurance for the present registration period and proof that there was insurance coverage throughout the period of the prior registration year. In the event the liability insurance is cancelled, lapsed, or for any other reason becomes non-enforceable, the owner, keeper or harborer shall be in ಗ of the provisions of this article and subject to the penalties provided herein.
(g) Identification Photographs. All owners, keepers or harborers of registered pit bull dogs must within 10 days provide to the city clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.
(h) Reporting Requirements. All owners, keepers or harborers of registered pit bulls dogs must within 10 days of the incident, report the following information in writing to the city clerk as required hereinafter;
(1) The removal from the city or death of such dog;
(2) The birth of offspring of such animal;
(3) The new address of the owner of above animal should the owner move within the city limits. (Ord. 2003-10)
2-304. NOTICE OF KEEPING DANGEROUS ANIMALS.
Upon the written complaint of a person that a person owns or is keeping or harboring a dangerous animal in violation of this article in the city, such claim shall be investigated by city officials; and if after investigation the facts indicate that such claims are valid, the city shall send written notice to such person requiring such person safely remove the animal from the city within five days of the date of the notice. Notice shall not be required where such dangerous animal has previously caused serious physical harm or death to any person or has escaped and is at large. In which case, the chief animal control officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person. (Ord. 2003-10)
2–305. SEIZURE AND IMPOUNDING OF DANGEROUS ANIMALS.
City personnel shall forthwith cause to be seized and impounded, any dangerous animal where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to Section 2–304. If during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the city council may render the animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, the animal may be killed. (Ord. 2003-10)
2–306. PERMIT REQUIRED.
No person shall own, keep or harbor any animal described in section 2–301 within the city limits unless and until he or she has first secured a permit to do so and complies with all terms and conditions of such permit; and in addition thereto, such animal shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered. Failure to obtain a permit when required after written notification by the city clerk shall be adequate grounds for the city official to impound the animal until a permit is obtained. If no permit is obtained within 10 days, the animal will be subject to destruction. (Ord. 2003-10)
2-307. ISSUANCE OF PERMIT.
Except as hereinafter provided, no person shall have, keep, maintain or have in his or her possession under his or her control within the city any animal described in Section 2–301 without first applying to and receiving a permit from the city clerk. Provided, no permit shall be granted except with such conditions attached as shall, in the opinion of the person or agency approving such permit, reasonably ensure the public health, safety and general welfare. And in any event no permit shall be granted for any animal at any particular location except upon an explicit finding by the chief animal control officer or his or her authorized deputy that the issuance thereof will not be contrary to the public health, safety and general welfare. (Ord. 2003-10)
2-308. APPLICATION FOR PERMIT.
An application for any permit required pursuant to this article shall be made to the city clerk in writing and upon a form furnished by the city clerk. The application shall be verified by the person who desires to have, keep, maintain or have in his or her possession or under his or her control, in the city the animal for which a permit is required, and shall set forth the following:
(a) Name address and telephone number of the applicant;
(b) The applicant’s interest in the animal;
(c) The proposed location, and the name, address, and telephone number of the owner of such location and that of the lessee, if any;
(d) The number and general description of all animals for which the permit is sought,
(e) 9 Any information known to the applicant concerning vicious or dangerous propensities of all such animals;
(f) The housing arrangements for all such animals with particular details as to safety or structural locks, fencing, etc;
(g) Safety precautions proposed to be taken;
(h) Prior history of incidents involving the public health or safety involving any of the animals;
(i) Proof of insurance to cover those who may be injured or killed by the animal;
(j) A statement, signed by the applicant, indemnifying the city and its agents and employees for any and all injuries that may result from the animal;
(k) Any additional information required by the chief animal control officer at the time offiling such application or thereafter.
2-309. TERM AND RENEWAL OF PERMITS. Such permits shall be on a calendar year basis and shall be good from January 1 to December 31 or each partial year. (Ord. 2003-10)
2–310. REVOCATION OF PERMITS.
The city clerk upon recommendation from a city official, may, for good cause, revoke any permit or modify any terms or provisions thereof and may in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety suspend any permit or portion thereof without hearing, for a period not to exceed 30 days. Failure to comply with any of the provisions of this article shall be sufficient grounds for revocation. (Code 2012)
Any person aggrieved by or dissatisfied with any decisions made regarding dangerous animals may request a hearing. This hearing shall be conducted by no less than two representatives of the Governing Body. The sole issue for determination shall be whether decisions, rulings, actions, or findings of the designated city representative were within the scope of the authority, supported by substantial evidence, and not arbitrary nor capricious in nature. The Governing Body members shall make specific findings of fact and conclusions of law in each case. (Ord. 2003-10)
2–312. VIOLATIONS AND PENALTIES. Any person violating or permitting the violation of any provision of this article shall be fined a sum of not more than $500. In addition, the court shall order the registration and/or permit for the subject animal revoked and the dog removed from the city. Should the defendant refuse to remove the dog from the city, the court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this article continues shall be deemed separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expense, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article. (Ord. 2003-10)
2-313. COSTS TO BE PAID BY RESPONSIBLE PERSONS. Any reasonable costs incurred by the city in seizing, impounding, confining, or disposing of any dangerous or wild animal, shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the city clerk. (Ord. 2003-10)