[Adopted 2-13-1989 by Ord. No. 695-89 as
§ 12.11 of the 1989 Code]
The terms used in this article are defined as
follows:
Any dog with a propensity, tendency or disposition
to attack, cause injury or otherwise endanger the safety of human
beings or other domestic animals as evidenced by its habitual or repeated
chasing or snapping, or barking and/or snarling in a threatening manner.
Any dog which attacks a human being or another
domestic animal without provocation.
Any dog owned or harbored primarily or in part
for the purpose of dog fighting, or any dog trained for dog fighting.
Any pit bull dog.
A.
Leash and muzzle. No person owning, harboring or having
the care of a vicious dog may suffer or permit such dog to go outside
its kennel or pen unless the dog is securely leashed with a leash
no longer than four feet in length. No person may permit a vicious
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.
The dog may not be leashed to inanimate objects such as trees, posts
and buildings. A vicious dog on a leash outside the dog's kennel shall
be muzzled by a muzzling device sufficient to prevent the dog from
biting persons or other animals. A vicious dog shall not be required
to be muzzled when shown either in a sanctioned American Kennel Club
show or upon prior approval of the Police Chief.
B.
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection A above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall 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 vicious dogs shall comply with all zoning and building regulations of the City.[1] All structures shall be adequately lighted and ventilated
and kept in a clean and sanitary condition.
C.
Confinement indoors. No vicious dog may be kept on
a porch, patio or in any part of a house or structure that would allow
the dog to exit the building on its own volition. No vicious dog may
be kept in a house or structure when the windows are open or when
screen windows or screen doors are the only obstacle preventing the
dog from exiting the structure.
D.
Prohibited in multiple dwellings. No vicious dog may
be kept within any portion of any multiple dwelling.
E.
Signs. All owners, keepers or harborers of vicious
dogs shall, within 15 days of the effective date of this article,
display in a prominent place on their premises a sign easily readable
by the public using the words "Beware of Dog." A similar sign is required
to be posted on the kennel or pen of the dog.
F.
Insurance. All owners, keepers or harborers of vicious
dogs shall, within 30 days of the effective date of this article,
provide proof to the Police Chief of public liability insurance in
a single incident amount of $50,000 for bodily injury to or death
of any person or for the damage to property owned by any person which
may result from the ownership, keeping or maintenance of vicious dogs.
The insurance policy shall provide that no cancellation of the policy
will be made unless a ten-day written notice is first given to the
Police Chief. The owner or custodian of the dog shall produce evidence
of the required insurance upon request of a law enforcement officer.
This subsection does not apply to dogs kept by law enforcement agencies.
The Police Chief shall investigate every dog complaint and make a determination as to whether or not such dog is vicious, as defined in § 150-20 above. In the event that the Police Chief makes a determination that a dog is vicious, he shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this article.
Any vicious dog which attacks a human being
or domestic animal may be ordered destroyed by a police officer or
humane officer when, in the judgment of a court of competent jurisdiction,
the dog represents a continuing threat of serious harm to human beings
or domestic animals.
Any person who violates any provision of this article shall, upon conviction, be subject to the payment of a forfeiture as provided in § 1-4 of this Code. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.