A. If the animal control officer determines that an animal is dangerous, he shall thereupon give a written order to the owner of the animal to keep it at all times securely fastened or confined within the owner’s property in a specified manner so as to prevent it from having the opportunity to bite any person or other animal or damage any property. The owner of the animal shall obey such order--or be subject to applicable penalties.

B. Any animal determined to be dangerous by the animal control officer that subsequently bites or otherwise injures a person or other animal or damages property may be impounded for euthanasia. At the time of impoundment the animal control officer shall notify the animal’s owner in writing of the right to appeal the euthanasia and the appeal procedures in subsection C of this section.

C. An appeal of an animal control officer’s euthanasia determination shall be made in writing to the animal control officer and filed within five working days of the impoundment. The appeal shall list the name, address and phone number of the legal owner(s) of the animal(s) and shall state the reason(s) for opposing the euthanasia. The appeal shall be heard within two weeks of its filing by city council. The disposition of the appeal shall be as decided by a majority of the city council.

D. Leash and Muzzle. No person shall permit a vicious or dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash not longer than four feet in length. No person shall 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. Such dogs may not simply be leashed to inanimate objects such as trees, posts, buildings, etc. All vicious or dangerous dogs on a leash outside the animal’s kennel must be muzzled with a muzzling device sufficient to inhibit such a dog from biting persons or other animals.

E. Confinement. All vicious or dangerous dogs shall be kept 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 a secure top attached to the sides. All structures used to confine vicious or dangerous 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 dangerous animals or vicious 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.

F. Confinement Indoors. No vicious or 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. In addition, no such animal 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.

G. Signs. All owners, keepers or harborers of vicious or dangerous dogs within the city shall within ten days of the effective date of the ordinance codified in this chapter display in a prominent place on their premises a sign easily readable by the public using words substantially in the form, "Beware of Dog." In addition a similar sign is required to be posted on the kennel or pen of such animal.

H. Insurance. All owners, keepers or harborers of vicious or dangerous dogs must within ten days of the effective date of the ordinance codified in this chapter provide proof to the city clerk of public liability insurance in a single incident amount of fifty thousand dollars for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten days’ written notice is first given to the city clerk.

I. Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a vicious or dangerous dog registered with the city to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided, that the registered owner of a vicious dog may sell or otherwise dispose of a registered dog to persons who do not reside within the city.

J. Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a vicious or dangerous dog registered with the city to fail to comply with the requirements and conditions set forth in this chapter. Any dog found to be the subject of a violation of this chapter shall be subject to immediate seizure and impoundment. Failure to comply may result in the immediate removal of the animal by the city.

K. Violations and Penalties. Any person violating or permitting the violation of any provision of this section shall be charged with a misdemeanor offense and upon conviction shall be fined a sum not less than two hundred fifty dollars and not more than one thousand dollars. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed thirty days. (Ord. 587, 2009; Ord. 328 §3, 1987).