The following word s and phrases, when used in this chapter, shall have the meanings respectively ascribed to them:
(a) Animal means any live vertebrate creature, domestic or wild, other than humans, and including all fowl.
(b) Animal Control Officer. The use of this title through this chapter shall be a reference to the Animal Control Officer and any staff assigned to work with the Animal Control Officer who may act to perform any duty under this chapter.
(c) Animal hospital means any facility that has the primary function of providing medical and surgical care for animals and is operated by a currently licensed veterinarian.
(d) Animal pound means the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.
(e) Attack means violent or aggressive physical contact with a person or domestic animal or violent or aggressive behavior that confines the movement of a person.
(f) Bite means any penetration of the skin by teeth.
(g) Cat means any member of the Felis Catus Family, male or female, regardless of age.
(h) Chief of police means the duly appointed, highest-ranking officer in charge of the police department or his authorized representatives.
(i) Commercial animal establishment means any pet shop, grooming shop, auction, riding stable, guard dog service, kennel, catterie, animal pound, other than that operated by the city, animal hospital, business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments.
(j) Dog means any member of the Canis Familiaris, male or female, regard less of age.
(k) Exotic animal means
(1) Any mammal not generally accustomed to living in or near human populations
(2) Poisonous reptiles of any length and non-poisonous reptiles over 8 feet in length etc.
(3) Poisonous arthropods (i.e., poisonous scorpions, poisonous spiders,
(4) All non-human primates.
(5) The definition of exotic animal shall also include, but is not limited to: antelope, badgers, bears, bison, any member of the large cat family (lion, cheetah, etc.), crocodilians, coyotes, deer, elephant, elk, game cock and other fighting birds, hippopotami, hyenas, llama, moose, ostriches, potbellied pigs, raccoon s, rhinoceroses, skunks, and wolves.
(l) Fowl any animal that is included in the zoological class Aves.
(m) Harboring means any person who shall allow any animal to habitually remain or lodge or be fed within his home, yard, enclosure, place of business or any other premises where he resides or which he controls.
(n) Hobby breeder means any person who owns more than five (5) but less than twenty (20) purebred, registered dogs or cats over the age of nine (9) months, which are habitually boarded and lodged within the person’s domicile or yard where appropriately zoned; and who provides a fenced and/or totally enclosed exercise area; and provided that such animals are, at all times, kept in the fenced or enclosed area, except when under the personal and immediate control of the owner/custodian. To be considered a hobby breeder, a person must be a member, in good standing, of any national dog or cat fancy association; and provided furthermore, that the purpose and intent of breeding the animals is as a hobby and for the sole purpose of improving the breed.
(o) Household means all persons living in the same dwelling unit.
(p) Humane live animal trap means any cage trap that upon activation encloses an animal without placing any physical restraining upon any part of the body of such animal.
(q) Humane officer means any staff person employed at the city animal pound.
(r) Humanely euthanize means the proper injection of a substance that quickly and painlessly terminates the life of an animal. or any method approved by the American Veterinary Medical Association.
(s) Inhumane or cruel treatment or manner means any treatment to any animal which deprives the animal of necessary sustenance, including sufficient and wholesome food, potable water and protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment or neglect that causes suffering to such animal.
(t) Kennel means any premises upon which four (4) or more cats and dogs are kept, boarded, bred, trained for a fee, bought, and/or sold, except for commercial animal establishments otherwise, enumerated in this chapter.
(u) Large animal means any swine, bovine, goat, sheep, beast of burden or any other domestic or wild animal of similar or larger size.
(v) Microchip means a small electronic device inserted beneath the skin, between the shoulder blades, of an animal which can be scanned for identification purposes.
(w) Neutered means any male or female cat or dog that has been permanently rendered sterile.
(x) Notice to appear means a notice of a complaint of a violation requiring the violator to appear before the municipal judge, or in lieu of such appearance, pay such fine as is prescribed in this chapter.
(y) Owner/custodian means the person owning, keeping, possessing or harboring any animal; or any person who feeds or shelters any stray animal for seventy-two (72) or more consecutive hours without reporting such animal to the animal pound or who professes ownership/custodianship of such animal. If a minor owns or keeps an animal, then any household head of which such minor is a member shall be deemed the owner/custodian of such animal under this chapter and shall be responsible as the owner/custodian, whether or not such household head is himself a minor. If not a member of a household, such minor shall be directly subject to the provisions of this chapter.
(z) Premises means any parcel of land and any structure thereon in which any animal regulated by this chapter is housed and/or confined.
(aa) License tag means any system of animal identification approved by the City Clerk that does not involve alteration or permanent marking of any animal.
(bb) Small animal means any animal not within the definition of large animal but including all dogs without reference to size.
(cc) Tethering refers to the practice of fastening a dog to a stationary object or stake, usually in the owner/custodian’s backyard, as a means of keeping the animal under control. This term shall not refer to the periods with then animal is being walked or exercised on a leash.
(dd) To permit means to allow, consent, let, to acquiesce by failure to prevent or to expressly assent or agree to the doing of an act.
(ee) Wild animal means any animal that is predominately free-roaming as opposed to domesticated , and includes those animals defined as exotic animals and any rabies carrying species for which no anti-rabies vaccine has been approved by the Centers for Disease Control.
(Ord. 1992, Sec. 1; Ord. 2274)
Except where otherwise provided , it shall be the duty of the City Manager, through the Chief of Police and the Animal Control Officer, to administer and enforce the provisions of this chapter directly or through staff assigned to be supervised by the Animal Control officer.
(Ord. 2274)
It shall be the duty of the Police Department officers to enforce the provisions of this chapter and any regulations issued by the Animal Control Officer, and to assist the Animal Control Officer in enforcing the provisions of this chapter.
(Ord. 2274)
It shall be the duty of the Ani mal Control Officer to administer and enforce the public health provisions of this chapter directly or through staff assigned to be supervised by the Animal Control officer. The Animal Control officer shall keep a record of all animal pound transactions and all enforcement and investigative activities conducted by the Animal Control Officer and police officers. The Animal Control Officer may issue standing and/or emergency regulations for rabies control, zoonosis control, the control or elimination of animal pests, and animal bite procedures that the officer finds necessary to protect the public health. Said regulations shall be filed with the City Clerk, the Animal Control Officer and the Chief of Police.
(Ord. 2274)
(a) The Animal Control Officer, the Chief of Police or any law enforcement officer are hereby authorized to issue a notice to appear to the owner/custodian of any animal in violation of any provision of this chapter, or any regulation issued by the Animal Control Officer. Such person may retain possession of the animal if it is the belief of the officer issuing such notice to appear that such possession is not in conflict with any other provision of this chapter.
(b) The Animal Control Officer, the Chief of Police or any law enforcement officer are hereby authorized to pick up and impound any animal violation of any provision of this chapter or any regulation issued by the Ani mal Control Officer, if the person owning or caring for such animal cannot be issued a notice to appear because such person is not known or present. Such animal shall be confined at the animal pound in a humane manner and shall be released upon satisfactory proof that the party claiming the animal is entitled to recovery and possession thereof, and upon payment to the City Clerk of all recovery fines described in this chapter and fees for care, feeding and treatment expenses established by resolution.
(c) In the interest of animal welfare, any person owning or caring for any animal in the city, by doing so, does thereby authorize the Ani mal Control Officer, the Chief of Police or any law enforcement officer to enter upon private property , other than within the residence, at reasonable times, where such animal is kept, if the officer has probable cause to believe the animal is being kept in a cruel or inhumane manner. The Animal Control Officer, the Chief of Police or any law enforcement officer will examine such animal and impound such animal at the animal pound when, in the officer’s opinion, it is being kept in an unlawfully cruel or inhumane manner. If entry is refused, the official shall have recourse to the remedies provided by law to secure entry.
(d) Any animal that has bitten a person may be removed from the property of its owner/custodian by the Animal Control Officer, the Chief of Police or any law enforcement officer, if such animal is in violation of examination or observation requirements prescribed by regulation of the Animal Control Officer.
(e) The Animal Control Officer, the Chief of Police or any law enforcement officer are hereby authorized to use humane live animal traps to capture any animal whose presence on private or public property constitutes a nuisance to persons or a threat to the public health or the health of domestic animals.
(f) It is unlawful for any person to interfere with the duties of the Animal Control Officer, the Chief of Police or any law enforcement officer by removing, or causing to be removed, the identification tag of any dog without the consent of the owner/custodian thereof; refusing to identify himself upon the request of an enforcement officer, when such officer has probable cause to believe that such person has violated this chapter; or in any other manner preventing the lawful discharge of enforcement duties prescribed by this chapter.
(Ord. 2274)
(a) The Animal Control Officer shall be responsible for the removal of any dead animal found on public property within the city, except as otherwise provided in this section. In this section the term “dead animal” shall exclude any animal lawfully and humanely killed for food.
(b) No person having in his possession any dead animal shall permit the same to remain in or upon any private or public place.
(c) Large dead animals shall be removed and appropriately disposed of by the owner/custodian, occupant or proprietor of the premises promptly after the death or discovery of such animal. If not so removed or properly disposed of, the Animal Control Officer shall remove such animal. The charge for such removal shall be established by resolution .
(Ord. 1992, Sec. 1; Ord. 2274)
(a) Any sick or injured cat or dog found at large in the city and wearing a current city license tag, identification tag or rabies vaccination tag shall be taken at once to a veterinarian for examination and treatment, and the owner/custodian of such animal shall be promptly notified. All charges for veterinary services shall be borne by such owner/custodian.
(b) Any sick or injured cat or dog found at large in the city without such identifying tag, tattoo or microchip shall be examined at once by the Animal Control Officer and held at the animal pound as prescribed in section 2-804.
(Ord. 1992, Sec. 1; Ord. 2274)
(a) Wherever, in this chapter, any act is prohibited or is declared to be unlawful or the performance of any act is required or the failure to do any act is declared to be unlawful and no specific penalty or penalty range is provided by another subsection of this section, the violation of any provision in this chapter shall be punished by a fine not less than $50.00 and not more than $500.00 in accordance with the proposed penalties in this section, or by imprisonment for a period not exceeding six (6) months, or, by both such fine and imprisonment, at the discretion of the court. Each day any violation of this chapter continues shall constitute a separate offense.
(b) Any pet owner/custodian found guilty of a violation of one of the following code sections shall be punished by a fine not less than $50.00 for a First Offense, $100.00 for a Second Offense, and $175.00 for a Third or Subsequent Offense, up to a maximum of $500.00.
Sec. 2-102(b) Removal/disposal of dead animals
Sec. 2-302(b)&(c) Animals prohibited/owning
Sec. 2-304 Location of yard housing of animals
Sec. 2-411 Animals in public building prohibited
Sec. 2-412 Removal of animal feces required
Sec. 2-414 Duty to report animal bites
Sec. 2-503 Report of motor vehicles striking animals
Sec. 2-504 Selling of certain animals prohibited
Sec. 2-507 Killing or molesting birds
Sec. 2-508 Retention of animals unlawfully
(c) Any pet owner/custodian found guilty of a violation of one of the following code sections shall be punished by a fine not less than $75.00 for a First Offense, $125.00 for a Second Offense, and $200.00 for a Third or Subsequent Offense, up to a maximum of $500.00.
Sec. 2-301 Numbers of dogs owned
Sec. 2-302(a) Prohibited owning
Sec. 2-402 Animal care requirements and prohibition of animal cruelty
Sec. 2-403 Proper identification of cats and dogs required
Sec. 2-404 Running at large prohibited
Sec. 2-405 Animal nuisance activities prohibited
Sec. 2-406 Excessive animal noise prohibited
Sec. 2-407 Proper confinement of cats and dogs in heat required
Sec. 2-410 Rabies vaccination of cats and dogs required
Sec. 2-505 Exposing poison to animals
Sec. 2-602 Licensing of cats and dogs required
Sec. 2-612 Hobby breeders license required
Sec. 2-701 Licensing of commercial animal establishments required
(d) Any pet owner/custodian found guilty of a violation of one of the following code sections shall be punished by a fine not less than $150.00 for a First Offense, $250.00 for a Second Offense, and $350.00 for a Third or Subsequent Offense, up to a maximum of $500.00.
Sec. 2-501 Dog fighting
Sec. 2-502 Cruelty generally
(e) The number of prior offenses referenced refers to the owner/custodian and not the dog/animal.
(f) If the alleged offender fails to pay the requisite fine or fails to appear in court on the date set by the notice to appear, then a warrant shall be issued for the arrest of the alleged offender.
(g) Any person convicted of five (5) or more violations of the provisions of this chapter within a five (5) year period may be prohibited from owning any animal within the city for a period of three (3) years following the date of the fifth or consecutive conviction. Violations shall be tracked as of January 1, 2016 for purposes of determining prior violations and shall not be considered if such prior violation was older than five years on the date the current violation was found to have occurred.
(Ord. 2126; Code 2016; Ord. 2274)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Dangerous dog means:
(1) Any dog with a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals;
(2) Any dog which in a vicious or threatening manner approaches any person in an apparent attack upon the person while on the streets, sidewalks, or any public grounds or places;
(3) Any dog which has attacked, bitten, or seriously physically harmed a human being;
(4) Any dog which has attacked or bitten a domestic animal in an aggressive, vicious or threatening manner; or
(5) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
Notwithstanding this definition of a dangerous dog, no dog may be declared dangerous if any injury or damage is sustained by a person or animal who at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. No dog may be declared dangerous if an injury or damage was sustained by a person if the dog was responding to pain or injury; protecting itself, its kennel or its offspring; protecting or defending another human being within the immediate vicinity of the dog from an unjustified attack or assault; or involved in playful actions resulting in an unintentional bite wound. No dog may be declared dangerous if an injury or damage was sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog. Nothing in this section shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.
(b) It shall be unlawful for any person to own, possess, keep, or harbor a dog that such person knows, or reasonably should know, to be a dangerous dog, unless the owner, keeper or harborer complies with the requirements of Section 2-107. Any person who keeps, harbors, controls, acts as a custodian of, or knowingly permits an animal to remain on or about any premises shall be deemed to own or possess the animal.
(c) Upon the occurrence of any event described in Section 2-105(a), the Animal Control Officer shall declare the dog as a dangerous dog as defined by this article.
(Ord. 1992; Ord. 2224; Ord. 2234; Ord. 2274)
(a) Any owner/custodian aggrieved by any decision, ruling, action, or finding by the City with respect to a determination of whether a dog is a dangerous dog as defined by this article may, within 10 days thereafter, file a written notice of appeal from the decision, ruling action, or finding to the municipal court for an administrative hearing thereon.
(b) The filing of an appeal under this subsection shall not stay any action taken pursuant to this article.
(c) The hearing on the appeal shall be conducted by the judge of the municipal court who shall act as an administrative judge for the purposes of this article. Notice of the hearing shall be issued within three (3) days of receipt of the notice of appeal and shall be mailed by certified mail or personally served upon the dog owner/custodian at the last known placed of residence. The hearing shall be held promptly within not less than five (5) nor more ten (10) days after mailing notice to the owner/custodian of the dog. The sole issue for determination shall be whether there is clear and convincing evidence that the animal is a dangerous dog as defined by this article. The Court shall make specific findings of fact and conclusions of law in each case.
(d) In making a determination of whether a dog is dangerous, the municipal judge may consider, but is not limited to the consideration of any one or all of the following factors:
(1) The seriousness and nature of any attack, bite or physical injury of a human being or domestic animal;
(2) Whether the dog has any history of attacking or biting a human being or domestic animal;
(3) Whether the dog has chased or approached a person upon any public or private property in an apparent attitude of attack;
(4) Whether the dog behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to a human being or domestic animal;
(5) Whether the dog has a known propensity, tendency or disposition to attack or bite unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals;
(6) Whether the dog has been previously determined, declared or adjudicated to be dangerous or vicious by the city and which jurisdiction uses substantially the same standards as the city for determination of a dangerous or vicious animal;
(7) The likelihood of attacks or bites in the future;
(8) The conditions or circumstances existing at the time of the approach, attack or bite, including, but not limited to:
(A) Whether the dog was provoked;
(B) Whether the victim was committing a willful trespass or other tort or was committing or attempting to commit a crime upon the premises occupied by the owner of the dog; or
(C) Whether the dog was protecting or defending a human being or another animal within the immediate vicinity of the dog from an unjustified attack or assault.
(9) The conditions under which the dog is kept, enclosed or confined; and
(10) The status of the dog’s license and vaccination as required by the Beloit City Code.
(e) Pursuant to its role as administrative judge, the court is empowered to subpoena witnesses, take testimony , and require the production of any evidence relating to any matter being heard. The failure of the owner, custodian, keeper or harborer to attend or participate in the hearing shall not prevent the judge from making the appropriate determination concerning the dog.
(f) Any aggrieved party may appeal the decision and findings of the Municipal Court Judge pursuant to K.S.A. 60-2101(d). However, the filing of an appeal under this subsection shall not stay any action taken pursuant to this article.
(g) While the appeal is pending, if the Animal Control Officer has probable cause to believe the dog in question may pose a threat of serious harm to human beings or other domestic animals, the dog may be impounded pending the determination by the judge. If the judge deems the animal dangerous, the owner/custodian shall be liable to the city for the costs and expenses of keeping such dog.
(Ord. 2224; Ord. 2234; Ord. 2274)
If a dog is dangerous by definition, is declared dangerous by the Animal Control Officer, or the municipal court judge determines that a dog is dangerous pursuant to this article, the owner or keeper of the dangerous dog shall be required to comply with the following:
(a) Registration. The owner or keeper shall annually register the dangerous dog with the city, on such forms designated by the city clerk. The owner or keeper shall pay a $50.00 annual license fee. The owner or keeper shall be responsible for maintaining with the city clerk the address of the owner or keeper and the dangerous dog. The owner or keeper shall notify the city clerk within seven days of a change in address for the owner or keeper and dangerous dog, or the removal from the city limits or death, loss or theft of a registered dangerous dog.
(b) Confinement. All dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel outdoors. Said enclosure shall be a fence or structure at least six feet in height, with a secure top suitable to confine a dangerous dog and shall meet the minimum size requirements in Section 2-402(c)(2). If such enclosure bas no bottom secured to the sides, the sides must be embedded into the ground no less than one foot. No dangerous dog 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. It is unlawful for any owner or keeper to maintain a dangerous dog upon any premises that does not have a locked enclosure. It is unlawful for any owner or keeper to allow a dangerous dog to be outside of the dwelling of the owner or keeper or outside the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the dangerous dog or for the limited purposes of allowing the dangerous dog to urinate or defecate or to sell or give away the dangerous dog or respond to such orders of law enforcement officials as may be required. In such event, the dangerous dog shall be securely muzzled and restrained with a leash not exceeding four feet in length, and shall be under the direct control and supervision of the owner or keeper of the dangerous dog. No person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
(c) Microchipping. All dangerous dogs shall have an identification microchip implanted in the dog which is compatible with local veterinarian detection equipment. The applicant shall provide proof of microchipping at the time application or reapplication is made for a dangerous dog license.
(d) Signage. All owners of dangerous dogs shall display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog”. In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(e) Identification Photos. All owners of dangerous dogs shall provide a current photo of the dog being registered during the registration process for identification purposes.
(f) Spayed/Neutered. The dangerous dog shall be spayed or neutered by a licensed veterinarian. The application or reapplication for a dangerous dog license shall include documentation showing that the dog has been spayed or neutered.
(g) Insurance. Any owner of a dangerous dog shall maintain liability insurance in the single-incident in the amount of $100,000.00 for bodily injury or death of any person(s), or for damage to property which may result from actions of the dangerous dog, or from action or inactions of the owner related to the dangerous dog. The application or reapplication for a dangerous dog license shall include a certificate of liability insurance that indicates the required insurance level and is valid for the intended registration period.
(Ord. 2224; Ord. 2234; Ord. 2274)
(a) Penalty; Fines. It is unlawful for any person to violate the provisions of this article. Any person found guilty of violating the provisions of this article shall be assessed, fined, and the animal disposed of, as provided in this subsection:
(1) Registration. Any dangerous dog that is not properly registered in accordance with Section 2-107 or if any other requirements in Section 2-107 are not met, such dog shall be impounded by animal control or law enforcement, or their designee, until such animal is properly registered or removed from the city limits. In addition to all costs for impoundment, the owner or keeper shall pay a $100.00 fine.
(2) At-large. Any dangerous dog that is not confined as required pursuant to this article shall be impounded by animal control or law enforcement, or their designee. In addition to all costs for impoundment, the owner or keeper shall pay a $150.00 fine. For a second offense within 24 months in which the dog is not confined as required pursuant to this article, in addition to all costs for impoundment, the owner or keeper shall pay a $300.00 fine, and the animal control or law enforcement, or their designee is empowered to impound the dog, and after the expiration of a five-day waiting period, exclusive of Sundays and holidays, shall destroy the dog. The judge shall have no authority to suspend the fine or any portion thereof.
(3) Attack on Human. If any dangerous dog shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing of a human being, the owner or keeper shall pay a $500.00 fine, and the animal control officer, law enforcement, or designee is empowered to impound the dog, and after the expiration of a five-day waiting period, exclusive of Sundays and holidays, shall destroy the dog. The judge shall have no authority to suspend the fine or any portion thereof.
(4) Attack on Other Animal. If any dangerous dog shall kill or wound, or assist in killing or wounding, any animal, the owner or keeper shall pay a $250.00 fine, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five-day waiting period, exclusive of Sundays and holidays, shall destroy the dog. The judge shall have no authority to suspend the fine or any portion thereof. If the owner or keeper of a dog impounded pursuant to this article shall believe that there has not been a violation of the provisions of this article, such owner may petition the municipal court, on forms approved by the municipal judge, praying that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending the resolution of such owner’s petition if the petition shall have been filed within five days of impoundment of such dog and notice shall be delivered within five days of the impoundment of such dog. The dog shall remain impounded pending the determination of the petition. If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner upon the payment of the expenses by the owner or keeper.
(b) Jail Sentence. In addition to the fines provided in this section, the municipal judge shall have the authority to sentence the person adjudicated guilty of this article to serve up to a maximum of six months in jail.
(c) Ownership or Possession of Dog Following Conviction. It is unlawful for any person who has been twice convicted of violating these dangerous dog requirements to own or possess any dog, whether or not found to be a dangerous dog, for a period of five (5) years following the date of such second conviction.
(Ord. 2224; Ord. 2234; Ord. 2274)
Any dog found running
at large that appears dangerous, fierce or vicious, and cannot be safely
apprehended and impounded without endangering some person, the Animal Control
Officer or a law enforcement officer is authorized to use that force reasonably
necessary to restrain or put down the dog.
(Ord. 2274)
Notwithstanding any other provision of this article to the contrary, and irrespective of whether the dog has been declared dangerous pursuant to this article, the municipal judge may order any dog destroyed if the judge determines that the dog is an immediate threat to public health and safety and that confinement and registration of the dog by the owner or keeper of the dog as provided in this article will not adequately protect public health and safety. No person shall harbor, own or possess a dog that is an immediate threat to public health and safety. In making such determination, the judge may consider the severity of the attack and other relevant information. The municipal judge shall have the authority to sentence the person adjudicated guilty of this article to serve up to a maximum of six months in jail and to pay a fine not to exceed $1,000.00.
(Ord. 2224; Ord. 2234; Ord. 2274)
The purpose of the requirements in this article governing dangerous dogs is to prevent attacks, injuries or death by mandating use of control methods. It is the affirmative duty of any owner of a dangerous dog to take all necessary steps to comply with this article. Any dog found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment. If the dog is not immediately seized and impounded, the officer shall instruct the owner to keep said dog confined in a securely closed and locked pen or kennel until such time as the court may order seizure and impoundment. Neither the owner, nor any other person may remove said dog from said secure pen or kennel without the written permission of either the animal control officer or judge of the municipal court. Failure to comply with any provision of this article shall also be considered good cause for the revocation of any license issued allowing for the keeping of the subject dog, resulting in the immediate removal from the city by the owner, or the impoundment of the dog.
(Ord. 2224; Ord. 2234; Ord. 2274)
All reasonable costs incurred by the city in seizing, impounding, confining or disposing of any dangerous dog pursuant to the provisions of this article shall be charged against the owner of such animal and shall be subject to collection by any lawful means. If the owner of the animal is found guilty of a violation of this article, said above-mentioned expenses shall be assessed as costs in said court action.
(Ord. 2224; Ord. 2234; Ord. 2274)
Whenever in this article any act is prohibited or is declared to be unlawful or the performance of any act is required or the failure to do any act is declared to be unlawful, the violation of any provision of this article shall be punished by a fine of not more than $1,000.00, or by imprisonment for a period not exceeding six months, or by both fine and imprisonment, at the discretion of the court. Each day any violation of this article continues shall constitute a separate offense.
(Ord. 2224; Ord. 2234; Ord. 2274)
The city hereby finds that certain dogs, because of a combination of their physical attributes and disposition or training for aggression, fighting or attack, pose a clear and present threat to public safety. Although relatively few in number, such dogs represent a threat to all persons, particularly those persons who cannot protect and defend themselves, such as children and the elderly. Regardless of the procedures taken to confine such dogs, their mere presence creates an unacceptable risk to the public because such dogs may escape or be released at any time. Because of the clear and present threat to public safety, such dogs are found to be a public nuisance. As a result, the city hereby prohibits the ownership and possession of these vicious dogs within the city limits of the city and imposes related regulations, as set forth in this article.
Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Vicious dog means:
(a) Any dog which:
(1) Kills a human being;
(2) Inflicts severe injury to a human being through a sustained or vicious attack;
(3) Has been trained to fight and possess physical attributes such as size, build, or bite strength to inflict severe injury to a human being. For this purpose, the following shall be presumed to have been trained to fight:
(A) Any dog involved in a staged fight;
(B) Any dog exhibiting wounds or bodily disfigurements commonly associated with dog fighting;
(C) Any dog found or kept on premises at which equipment is located that is commonly associated with training dogs to fight; or
(D) Any dog found or kept with other dogs that:
(i) Have been trained to fight; or
(ii) Are presumed to have been trained to fight.
(4) Because of its disposition and physical attributes, such as size, build, or bite strength, poses a substantial threat to the life and safety of public safety and emergency response personnel (such as law enforcement officers, firefighters and paramedics) who are seeking or may seek lawful access to any property in order to perform their duties; or
(5) Has the propensity, tendency or disposition to attack a human being without provocation and possesses physical attributes such as size, build, or bite strength to inflict severe injury to a human being.
(b) Exceptions. No dog shall be deemed or declared a vicious dog:
(1) Solely because it inflicted severe injury on a human being if the human being was, at the time the severe injury was sustained:
(A) Assaulting the owner or possessor of the dog; provided, the owner or possessor of the dog was not the aggressor;
(B) Committing a willful trespass upon the premises of the owner or possessor of the dog; or
(C) Provoking, tormenting abusing, or assaulting the dog, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the dog at other times.
(2) Solely because it inflicted severe injury on a human being if the dog was, at the time the substantial injury was sustained:
(A) Responding to pain or injury;
(B) Protecting itself; its kennel, its offspring, or its owner or possessor’s property; or
(C) Protecting or defending another human being within the immediate vicinity of the dog from an unjustified attack or assault.
(3) Is owned or possessed by a federal, state, or local law enforcement agency.
(Ord. 2224; Ord. 2274)
(a) Vicious Dogs as Public Nuisance. Vicious dogs are declared to be a public nuisance and are hereby prohibited within the city.
(b) Ownership or Possession of Vicious Dog. It is unlawful to own or possess a vicious dog in the city. An owner or possessor of a dog that falls within the definition of “vicious dog” shall be strictly liable under this article and a conviction shall not require proof of any criminal intent or the owner or possessor’s knowledge of any particular propensity, tendency or disposition of the dog. Each vicious dog owned or possessed in violation of this article shall constitute a separate offense.
(c) Ownership or Possession of Dog Following Conviction. It is unlawful for any person convicted of owning or possessing a vicious dog in violation of subsection (b) of this section to own or possess any dog, whether or not found to be a vicious dog, for a period of three years following the date of such conviction.
(Ord. 2224; Ord. 2274)
If the court finds, after hearing evidence, that any dog is a vicious dog, the court shall, in addition to any other applicable penalties or remedies, order the animal control officer, law enforcement, or designee to cause the dog to be euthanized in accordance with applicable state euthanization laws. The court may enter such an order as part of a criminal proceeding brought pursuant to Section 2-117 or in a separate civil proceeding brought for such purpose and, in either event, shall impose against the owner or possessor of the vicious dog the expenses of impounding, keeping, and euthanizing the vicious dog. The owner or possessor shall be notified (at the owner or possessor’s last known address) at least five days in advance of the date and time of any evidentiary hearing pursuant to this article and may present contrary evidence at such hearing. The failure of the owner or possessor to attend or participate in the hearing, however, shall not prevent the court from making an appropriate determination concerning the dog.
(Ord. 2224; Ord. 2274)
(a) Generally. When the animal control officer, law enforcement, or designee has probable cause to believe that any dog is a vicious dog, such officer may, in his discretion, take custody of the dog and impound it until such time as evidence shall be heard and a determination made as to whether the dog is a vicious dog; provided that if the owner or possessor of the dog is not known, the dog may be disposed of pursuant to other applicable law. The dog may be impounded at a licensed veterinary clinic or other location that the animal control officer, law enforcement, or designee permits and which is consistent with applicable state impoundment laws. A warrant may be obtained to allow the animal control officer, law enforcement, or designee or any other law enforcement officer to go onto any property and take custody of any dog for which there is probable cause to believe it is a vicious dog. In addition, the court may, through its contempt power, compel the owner or possessor of any dog to surrender it to the animal control officer, law enforcement, or designee. In the event any dog is found to be a vicious dog, the owner or possessor of such dog shall be responsible for payment of any expenses of impounding and keeping the dog, pending disposition of the case and expenses of euthanizing the dog.
(b) Discretionary Testing of Suspected Vicious Dog. Whenever any dog is impounded pursuant to this article based upon probable cause to believe that the dog is a vicious dog under the term “vicious dog” of Section 2-113(a)(3), (a)(4) or (a)(5), the animal control officer, law enforcement, or designee may, in his discretion, cause any person who is knowledgeable in identifying dogs trained to fight, or who is trained or certified at evaluating animal temperament, to examine the dog and render an opinion as to whether the dog is a vicious dog under the term “vicious dog” of Section 2-113(a)(3), (a)(4) or (a)(5), with the person examining and rendering the opinion to be chosen at by the animal control officer, law enforcement, or designee requesting the examination.
(c) Unauthorized Removal of Impounded Dogs, Actual or Attempted. No person shall remove or attempt to remove a dog from the custody of the animal control officer, law enforcement, or designee or any animal shelter at which the dog is impounded, whether by force, threat, deceit or otherwise, when such dog has been impounded under the provisions of this article or any other law, unless the animal control officer, law enforcement, or designee or a court of appropriate jurisdiction expressly authorizes the release of the dog.
(d) Post-impoundment Review. Within ten days of impounding a vicious dog pursuant to this section without a warrant, the court shall review documentary evidence substantiating the animal control officer, law enforcement, or designee’s probable cause to determine whether the dog is a vicious dog. If the court determines that the evidence is not sufficient to establish probable cause that the dog is a vicious dog and the dog’s owner or possessor is known, the dog shall be released to its owner or possessor as soon as practical.
(Ord. 2224; Ord. 2274)
In addition to any applicable restitution, any person who violates the provisions of this section shall be subject to the following penalties:
(a) Violation of Vicious Dog Provisions. Any person who owns or possesses a vicious dog in violation of Section 2-114(b) shall be guilty of a misdemeanor, punishable as follows:
(1) First offense, a fine, which shall be set at $500.00. The fine shall be mandatory, and the court shall have no authority to suspend the fine or any portion thereof. In addition, the court shall have the authority to sentence the defendant to confinement in the county jail for a maximum of 90 days.
(2) Second offense, committed within five years of a prior offense, a fine, which shall be set at $1,000.00. The fine shall be mandatory, and the court shall have no authority to suspend the fine or any portion thereof. In addition, the court shall have the authority to sentence the defendant to confinement in the county jail for a maximum of six months.
(3) Third offense, committed within five years of two prior offenses, a fine, which shall be set at $1,000.00. The fine shall be mandatory, and the court shall have no authority to suspend the fine or any portion thereof. In addition, the court shall sentence the defendant to confinement in the county jail for a minimum of 30 days and a maximum of six months. The defendant shall be required to serve the minimum 30-day jail sentence and the court shall have no authority to suspend the first 30 days of such sentence.
(b) Violation of Provisions Regarding Unauthorized Removal of Impounded Dogs. Any person who removes or attempts to remove a dog from the custody of the animal control officer, law enforcement officer, or designee, or any animal shelter at which the dog is impounded, in violation of Section 2-116(c), shall be guilty of a misdemeanor, punishable by a fine in the amount of $1,000.00. The court shall have no authority to suspend the fine or any portion thereof. In addition, the court shall have the authority to sentence the defendant to confinement in the county jail for a maximum of six months.
(c) Violation of Other Provisions. Any person, who owns or possesses a dog in violation of Section 2-114(c) or violates any other provision of this article, shall be guilty of a misdemeanor, punishable by a fine in the amount of $250.00. The court shall have no authority to suspend the fine or any portion thereof. In addition, the court shall have the authority to sentence the defendant to confinement in the county jail for a maximum of 30 days.
(Ord. 2224; Ord. 2274)
All reasonable costs incurred by the city in seizing, impounding, confining or disposing of any vicious dog pursuant to the provisions of this article shall be charged against the owner of such animal and shall be subject to collection by any lawful means. If the owner of the animal is found guilty of a violation of this article, said above-mentioned expenses shall be assessed as costs in said court action.
(Ord. 2224; Ord. 2274)