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(a)
<br />(1)
<br />(2)
<br />(3)
<br />(b)
<br />(1)
<br />(2)
<br />(3)
<br />(4)
<br />(5)
<br />(c)
<br />(1)
<br />(2)
<br />(d)
<br />(e)
<br />from exiting.
<br />Provocation means an act that an adult could reasonably expect may cause an animal to attack or bite.
<br />(Code 1990, § 4-56; Ord. No. 1350, § 1, 11-4-2013)
<br />Sec. 4-57. - Regulations of potentially dangerous animals.
<br />Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the
<br />context clearly indicates a different meaning:
<br />Potentially dangerous animal means an animal which has:
<br />When unprovoked, bitten a human or a domestic animal on public or private property;
<br />When unprovoked, chased or approached a person upon the streets, sidewalks, or any public or private property, other than the animal owner's property, in
<br />an apparent attitude of attack; or
<br />A known history or propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic
<br />animals.
<br />Designation as potentially dangerous animal. The animal control authority shall designate any animal as a potentially dangerous animal upon receiving evidence
<br />that the animal meets any of the criteria in subsection (a) of this section. When an animal is declared potentially dangerous, the animal control authority shall
<br />cause the owners of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. An animal that has been determined to
<br />be potentially dangerous must be microchipped in accordance with section 4-62, licensed in accordance with section 4-42, and may, at the discretion of the
<br />animal control authority, be required to comply with one or more of the following conditions:
<br />An owner of a dog may be required to complete an approved dog obedience class.
<br />The animal may be required to be restrained by chain or leash not to exceed six feet in length, and/or muzzled, and under the control of a person 18 years of
<br />age or older at all times it is outdoors and not inside a proper enclosure.
<br />The owner of the animal may be required to show proof of up-to-date rabies vaccination and, if required, licensing.
<br />The owner may be required to sterilize the animal at the owner's expense. If the owner does not have the animal sterilized within the specified time limits, the
<br />animal control authority may seize the animal and have it sterilized at the owner's expense.
<br />If the animal is a dog or cat, the owner shall purchase a proper license.
<br />Procedure. The animal control authority shall notify the owners of the animal in writing or in person that the animal has been determined to be potentially
<br />dangerous pursuant to section 4-62 and shall specify what, if any, conditions are being required of the owner. This notice shall state the date, time, place, and
<br />parties bitten, chased, attacked or threatened by the animal, and shall advise the owner that they have 14 days to appeal the determination or the imposition of
<br />conditions on maintaining the animal by requesting a hearing before the city public works and public safety committee.
<br />If an owner requests a hearing, a date shall be set not more than three weeks after receipt of the demand for a hearing. The committee may consider all
<br />records of the animal control authority without the necessity for further foundation. After considering all of the evidence, the committee chairperson shall
<br />issue a written order which rejects or upholds the determination based upon the majority opinion of the committee. If the committee upholds the
<br />determination as potentially dangerous, the order may affirm or modify the conditions recommended by the animal control authority. If as a result of
<br />testimony or other evidence at the hearing there are grounds for declaring the animal to be dangerous pursuant to section 4-58, the committee chairperson
<br />may change the designation and issue the appropriate orders.
<br />If an owner fails to comply with any conditions specified in the order and fails to request a hearing under subsection (c)(1) of this section, the animal shall be
<br />seized. The animal may be reclaimed by the owner as set forth in section 4-60.
<br />Subsequent offenses. If an owner of an animal which has been declared potentially dangerous and is subject to the conditions of this section fails to comply with
<br />the conditions imposed by the animal control authority or the public works and public safety committee, the animal must be seized by the animal control
<br />authority. Notice shall be provided to the owner of the basis for the seizure and the right to request a hearing before the public works and public safety
<br />committee to determine whether the conditions were violated. A request for hearing must be made within 14 days of the seizure. If the owner fails to request a
<br />hearing within 14 days, or is found to have violated the conditions, the city public works and public safety committee may order the animal destroyed in a proper
<br />and humane manner and the owner shall pay the costs of confining the animal. If the owner is found not to have violated the conditions, the owner may reclaim
<br />the animal under the provisions of section 4-60.
<br />Review of designation. The animal control authority may review the status of an animal which has been determined to be potentially dangerous if a period of two
<br />years has passed without any further incidents under section (a) above and may use discretion in determining whether any conditions which have been ordered
<br />are still required. After the initial two-year period, an owner may request a review annually. The owner must provide evidence that the animal's behavior has
<br />changed due to the animal's age, sterilization, environment, completion of obedience training that includes modification of aggressive behavior, or other factors.
<br />(Code 1990, § 4-57; Ord. No. 1350, § 1, 11-4-2013)
<br />Sec. 4-58. - Regulations of dangerous animals.
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