ARTICLE
II. IN GENERAL |
| A. | An animal control officer upon probable cause that a violation of this section has occurred may require the owner or custodian of a vicious animal to deliver possession of the animal to an animal control officer. If after demand, the owner or custodian fails or refuses to deliver possession of the animal to an animal control officer, the animal control officer may request an order from a court of competent jurisdiction requiring the owner or custodian to deliver possession of the animal to an animal control officer. | |
| B. | An animal control officer may summarily impound a vicious animal which is at large or which is an immediate danger to humans or domesticated animals. | |
| C. | If an animal control officer cannot gain control of a vicious animal the officer may summarily destroy the animal. | |
| D. | If a vicious animal is impounded without the knowledge of the owner or custodian, notice that the animal has been impounded shall be given to the owner or custodian of the animal, if the same is known, by attaching a notice to a door at the residence thereof or by mailing a notice thereto | |
| E. | A vicious animal impounded by an order of a court acting pursuant to this section shall be destroyed or otherwise disposed of as the court shall direct. | |
| F. | A vicious animal impounded without a court order shall be held not less than five (5) days, after which it may be destroyed or otherwise disposed of as the supervising control officer may direct. | |
| G. | The owner or custodian of an animal impounded other than by a court order may contest the impounding by filing a notice with the proper court within five (5) days after the impounding. |
Sec. 5-16. Possession of
a vicious dog.
The possession of a vicious dog is unlawful unless
it is restrained, confined, or muzzled so that it cannot bite or attack any person
or animal. Dogs held in violation of this section shall be deemed a public nuisance,
and their continued possession or owner ship shall be unlawful. The department
may impound any such dog and dispose of it in any humane manner after five (5)
working days to allow for legal restraining action by the owner. The following
are conditions of ownership of any animal which is fierce, dangerous, or vicious:
| A. | The dog must be kept in a heavy gauge wire dog run which is six (6) feet in height with a secure ceiling and floor. | |
| B. | The dog must be kept on a leash and properly muzzled when out of it's kennel. |
Sec.
5-17. Allowing vicious animals to go at large.
Any owner of a vicious
animal, knowing its propensities, who willfully allows it to go at large or who
keeps it without ordinary care, and any animal while at large, or while not kept
with ordinary care, causes injury to another animal or to any human being who
has taken reasonable precaution which the circumstances permitted, is guilty of
a class B misdemeanor unless the animal causes the death of a human being, whereupon
the owner is guilty of a class B misdemeanor.
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