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(a) <br />(1) <br />(2) <br />(3) <br />(4) <br />(5) <br />(b) <br />(c) <br />(1) <br />a. <br />b. <br />c. <br />d. <br />e. <br />(2) <br />(1) <br />(2) <br />(3) <br />(4) <br />(5) <br />(6) <br />(7) <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 />Dangerous animal means an animal which has: <br />Without provocation, caused substantial bodily harm to any person on public or private property. Substantial bodily harm means bodily injury which involves <br />a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the functions of any bodily member or organ, <br />or which causes a fracture of any bodily member; <br />Killed a domestic animal without provocation while off the owner's property; <br />Been found to be potentially dangerous pursuant to section 4-57, and after the owner has notice that the animal is potentially dangerous, the animal <br />aggressively bites, attacks, or endangers the safety of humans or domestic animals; <br />Bitten one or more persons on two or more occasions; or <br />Fresh wounds, scarring, or is observed in a fight, or has other indications which to a reasonable person evidence that the animal has been or will be used, <br />trained or encouraged to fight with another animal; or whose owner has in custody or possession any training apparatus, paraphernalia or drugs used to <br />prepare such animal to be fought with another animal. <br />Designation as dangerous animal. The animal control authority may designate any animal as a potentially dangerous animal upon receiving evidence that the <br />animal meets any of the criteria in subsection (a) of this section. <br />Procedure. The animal control authority, after having determined that an animal is dangerous, shall proceed in the following manner: <br />The animal control authority shall seize the dangerous animal and notify its owner pursuant to section 4-63 that the animal has been determined to be <br />dangerous and that the animal is to be destroyed if the owner does not comply with the conditions and requirements of section 4-59 and applicable state <br />laws. This notice shall state that the owner shall have 14 days to reclaim the animal and appeal the determination by submitting to the city administrator a <br />written request for a hearing before the city council. <br />If no appeal is filed, the orders issued shall be final. <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. <br />Pending a hearing on the determination, the animal may be seized and kept at animal control unless the owner shows proof that the animal is licensed <br />and has a current rabies vaccination, and agrees that the animal will not be permitted to be outside without being in a proper enclosure or being <br />restrained on a leash and wearing a muzzle. <br />The city council may consider all records of the animal control authority without the necessity for further foundation. After considering all of the evidence, <br />the city council shall issue a written order which rejects or upholds the determination of the animal control authority. <br />If no appeal is filed, or if the city council upholds the determination that the animal is dangerous, then the animal control authority may take the animal <br />into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately <br />make the animal available to the animal control authority and failure to do so shall be a misdemeanor. <br />Nothing in this section shall prevent the animal control authority from ordering the immediate seizure and quarantine of a rabies-suspected animal. <br />(Code 1990, § 4-58; Ord. No. 1350, § 1, 11-4-2013) <br />Sec. 4-59. - Dangerous animal registration. <br />A person may not own a dangerous animal unless the owner obtains a certificate of registration for the dangerous animal from the animal control authority pursuant to <br />this section. The animal control authority shall issue a certificate of registration to the owner if the owner presents sufficient evidence that all of the following conditions and <br />requirements are met: <br />A proper enclosure exists for the dangerous animal. <br />If a dangerous animal is outside of a proper enclosure, the animal must be restrained by a substantial chain or leash and under the physical restraint of a <br />responsible person. Depending on the species of animal, the animal control authority may require that the animal also be muzzled when outside of its proper <br />enclosure. <br />A dangerous animal must be sterilized at the owner's expense. <br />If a person who owns a dangerous animal rents property from another person where the animal will reside, the animal owner must disclose to the property <br />owner that he or she owns a dangerous animal that will live at the property. This disclosure must be made prior to entering a lease agreement and at the time <br />of any lease renewal. <br />A surety bond has been issued by a surety company authorized to conduct business in the state in a form acceptable to the animal control authority in the <br />sum of at least $300,000.00, payable to any person injured by the dangerous animal, or a policy of liability insurance has been issued by an insurance <br />company authorized to conduct business in the state in the amount of at least $300,000.00, insuring the owner for any personal injuries inflicted by the <br />dangerous animal. <br />The owner has paid an annual dangerous animal licensing fee of not more than $500.00, in addition to regular licensing fees under section 4-42. <br />The owner has had microchip identification implanted in the dangerous animal pursuant to section 4-62.204