CHAPTER 56

DANGEROUS AND VICIOUS ANIMALS

56.01 Definitions
56.02 Keeping of Dangerous Animals Prohibited
56.03 Seizure, Impoundment and Disposition of Dangerous Animals
56.04 Keeping of Vicious Animals Prohibited

56.01 DEFINITIONS. For use in this chapter, the following terms are defined:

“At large” refers to an animal’s presence outside of a structure or fixed enclosure.
“Dangerous animal” means:
- A. Badgers, wolverines, weasels, skunk and mink;
- B. Raccoons;
- C. Bats;
- D. Black widow spiders, brown recluse spiders and scorpions;
- E. Red and black fire ants and other stinging ants native to Central or South America;
- F. Africanized strains of the honey bee;
- G. Non-domestic fowl (i.e. hawks);
- H. Pit Bull Dogs. (Ord. 648 – Jan. 08 Supp.)
“Euthanize” means to kill in a humane manner.
“Owner” means any person owning, keeping, sheltering or harboring an animal including temporary caregivers in the absence of the owners.
“Serious injury” means any illness, disease or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
“Unprovoked” as used in this chapter refers to an attack or bite, not the result of behavior (on the victim’s part) intended to irritate the animal.
“Vicious animal” means any animal, except for a dangerous animal per se, as listed above, that has (a) bitten, clawed, or attacked any person and the attack was unprovoked, or (b) bitten, clawed, or attacked another animal and caused serious injury. With respect to (a) above, if the person attacked or bitten was engaged in an unlawful act prior to the bite or attack, such incident shall not serve as a basis for declaring the offending animal a vicious animal.

56.02 KEEPING OF DANGEROUS ANIMALS PROHIBITED. No person shall keep, shelter or harbor for any reason in the City any dangerous animal except as provided in Subsection 56.03(1). (Ord. 648 – Jan. 08 Supp.)

56.03 SEIZURE, IMPOUNDMENT AND DISPOSITION OF DANGEROUS ANIMALS.

A peace officer, on his or her own information or upon receipt of a complaint alleging that a person owns, is keeping, sheltering or harboring a dangerous animal in the City limits, may investigate to determine if a person owns, is keeping, sheltering or harboring a dangerous animal, and if after investigation, the facts indicate that the person in fact owns, is keeping, sheltering or harboring a dangerous animal, the peace officer shall order the owner within seven (7) calendar days of receipt of the order to secure the animal in a structure or fixed enclosure at all times and euthanize the animal. The order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing to the owner of the dangerous animal and shall be personally served upon the owner.
Such notice to remove the dangerous animal shall not be required where such dangerous animal has previously caused serious injury or death to any person, in which case the peace officer shall cause the animal to be immediately euthanized. In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to persons or property, the peace officer may (a) seize the animal or (b) euthanize the animal. The choice of which of these options to pursue is left to the discretion of the peace officer. The peace officer shall be under no duty to attempt the seizure of a dangerous animal found at large prior to euthanizing such animal, nor does the peace officer have a duty to notify the owner of such animal prior to pursuing any of the above options.
When, pursuant to the pertinent provisions of subsection 2 of this section, an animal is seized or euthanized without a prior notice to remove to the owner, the peace officer or other designated person shall, within seven (7) days thereafter, deliver to the animal’s owner, if known, either in person or by certified mail, return receipt requested, a written notice of the action taken and the reasons therefor.
If the order to remove issued by the peace officer is not complied with within the allotted period of time, the officer is authorized to seize the animal and euthanize the animal.
Costs incurred by the City for the removal, care, maintenance, transportation and euthanizing of a dangerous animal owned, kept, sheltered or harbored in violation of this chapter, shall be reimbursed to the City by the owner. (Ord. 648 – Jan. 08 Supp.)

56.04 KEEPING OF VICIOUS ANIMALS PROHIBITED. No person shall own, keep, shelter or harbor for any reason within the City a vicious animal, as defined in this chapter.

The Police Chief or other designated person, on his or her own information or upon receipt of a complaint alleging that a person owns, is keeping, sheltering or harboring a vicious animal as defined in this chapter may, in said person’s discretion, initiate proceedings to declare such animal a vicious animal. A hearing on the matter shall be conducted by the Council. The owner of the animal in question shall be given not less that seventy-two (72) hours’ written notice (including Saturday, Sunday and holiday) of the time and place of said hearing. Said notice shall order the owner to secure the animal in a structure or fixed enclosure at all times. The notice shall set forth a description of the animal in question and the basis for the allegation of viciousness and shall also notify the owner that should the animal be determined to be vicious, the owner will be required to euthanize it or allow the City to do so. The notice shall be personally served upon the owner of the animal.
If, after hearing, the Council determines that an animal is vicious, the Council shall order the owner to cause it to be euthanized or to allow the City to do so. The order shall be served upon the owner against whom issued in the same manner as the notice of hearing. The Council may propose rules and regulations governing the above mentioned proceedings. The Council’s decision may be appealed to the appropriate court of law.
If the order is not complied with within three (3) calendar days of its service upon the owner, and is not appealed, the Police Chief is authorized to seize and euthanize the animal.
If, after hearing, it has been determined that the animal properly falls within the category of vicious animal as defined in this chapter, and if in the Council’s discretion it appears that the animal does not pose a significant threat to the safety of the public, the Council may order a probationary period for the animal. The duration and conditions of the probationary period are left to the discretion of the Council and shall be shaped with a view to the safety of the public. The reasons for the ordering of a probationary period and the terms and conditions thereof shall be committed to writing and delivered to the animal’s owner by the Police Chief or other designated person. If the probationary period is successfully completed, the animal shall be free from further constraint, if not successfully completed, the animal shall be euthanized. The Council shall determine whether or not the probationary period has been successfully completed at a hearing called for that purpose. The owner shall be given not less that seventy-two hours’ written notice (including Saturdays, Sundays and holidays) of the time and place of such hearing. The notice shall be served in the manner provided for service of the notice prescribed in subsection 1 of this section. The Council’s decision shall be committed to writing, and shall state the reasons for their conclusion. The decision shall be delivered to the animal’s owner in the manner provided for in subsection 1 of this section. If it is determined that the probationary period has not been successfully completed, the written decision shall contain an order directing the owner to euthanize the animal within three days of the receipt of the decision. If the order is not complied with, and not appealed, any peace officer or other designated person shall seize the animal and euthanize it.
The notice required by subsection 1 of this section shall not be required where such vicious animal has previously caused serious injury or death to any person, in which case the peace officer of designee shall cause the animal to be immediately euthanized. In the event a vicious animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to persons or property, the peace officer may, in his or her discretion, seize and impound such animal or euthanize it if such seizure and impoundment is not possible or would expose any person to the risk of serious injury. The City shall be under no duty to attempt the seizure of a vicious animal found at large prior to euthanizing such animal, nor shall it have the duty to notify the owner of such animal prior to euthanizing it or seizing and impounding it.
When, pursuant to the pertinent provisions of subsection 5 of this section, an animal is euthanized without a prior notice to the owner, the peace officer or designee shall, within seven (7) days thereafter, deliver to the animal’s owner either in person or by certified mail, return receipt requested, a written notice of the action taken and the reasons therefor. When pursuant to such subsection an animal is impounded without prior notice to the owner, the Council shall, thereafter, initiate proceedings to have the animal declared a vicious animal, in the manner provided for in subsection 1 of this section. Thereafter, the procedures contained in subsections 1,2 and 3, where applicable, shall apply.
Any animal which is alleged to be vicious and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing and/or end of the quarantine. Costs incurred by the City for the capture, care, maintenance, transportation and euthanizing of a vicious animal shall be reimbursed to the City by the owner.

Chapter 56

CHAPTER 56

DANGEROUS AND VICIOUS ANIMALS