§ 3-18. Dangerous animals.

(a)

A person commits an offense if the person is the owner of a dangerous animal and the animal makes an unprovoked attack on another person or animal or attempts to attack a person or animal outside the animal's enclosure and causes bodily injury to the other person or animal.

(b)

It shall be unlawful for any person to own, keep or harbor a dangerous animal within the city limits. For purposes of this chapter, a person learns that the person is the owner of a dangerous animal when the owner knows of an unprovoked attack committed by the animal that causes bodily injury to a person or another animal, or when the owner is informed by animal control that the animal is a dangerous animal.

(c)

Once an animal has been determined to be dangerous it must be:

(1)

Removed from the city within 24 hours of the owner learning that the animal is dangerous or upon quarantine clearance, whichever is later; or

(2)

Surrendered for euthanasia to an animal control officer or a veterinarian, as approved by animal control within 24 hours of the owner learning that the animal is dangerous or upon quarantine clearance, whichever is later; or

(3)

The owner or harborer of the dangerous animal, with dangerous propensities, may register the animal as a dangerous dog with the animal control department and:

a.

Sign an agreement to keep the animal in a substantial enclosure at all times while within the city limits;

b.

Provide the address where the dangerous animal will be kept;

c.

Notify the animal control department within five days of the address where the dangerous animal will be maintain, should the location change at any time; and

d.

Provide proof of liability insurance coverage on the dangerous dog in the amount of $100,000.00, which will also be required each year upon renewal of the dangerous animal registration.

(d)

It is an affirmative defense to the determination that an animal is dangerous when it can be shown that:

(1)

The threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or

(2)

The person was teasing, tormenting, abusing, or assaulting the animal or has, in the past been observed or reported to have teased, tormented, abused, or assaulted the animal; or

(3)

The person was committing or attempting to commit a crime; or

(4)

The animal attacked or killed was at the time teasing, tormenting, abusing or attacking the alleged dangerous animal; or

(5)

The animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault; or

(6)

The animal was injured and responding to pain.

(Ord. No. 2520, Art. I, 3-6-12)