Article 4. Dangerous Animals

2-401.        Determination of dangerous or vicious animals.

(a)   Upon the complaint of any person, or upon his own volition, the animal control officer may direct an investigation to determine if the complaint is valid and, after written notice of time and place is given the owner of any animal which has exhibited characteristics of a dangerous dog as defined in this chapter, hold a hearing to determine whether or not the animal is dangerous or vicious. At such hearing testimony may be offered by the owner of the dog, the animal control officer, a police officer, kennel clubs and veterinarians concerning the vicious propensity of the dog. In making a determination, the health officer shall consider the following:

(1)   The seriousness of any attack or wound;

(2)   The past history of wounds inflicted by the animal;

(3)   The potential propensity of the animal to inflict wounds in the future;

(4)   The conditions under which the animal is kept and maintained.

(b)   If the animal control officer determines that the animal is dangerous or vicious, he may pick up and cause the animal to be destroyed, or in lieu of such destruction he may permit the confinement of the animal in a manner and location that he deems appropriate.

2-402.        Enclosures; attack; warning sign for dangerous dogs.

(a)   It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial chain or leash and under physical restraint by a responsible person. The term “proper enclosure,” for the purposes of this section, means the dog is securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot. All such pens or structures must be kept in a clean and sanitary condition.

(b)   Should a dangerous dog running at large in violation of this section attack or inflict injury upon any person, the judge of the municipal court may, in addition to any other penalty provided by this chapter, order the dog destroyed. Provided, however, the judge of the municipal court may, at his discretion, consider if the attack or injury was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises of the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, aroused or assaulted the dog or was committing or attempting to commit a crime.

(c)   The owner of a dangerous dog shall display in a prominent place at the entrance to his premises a clearly visible warning sign indicating there is a dangerous dog on the premises. A similar sign is required to be posted on the pen or kennel of the animal.