§ 3-14. Keeping of vicious animals or vicious dogs; penalty.

(a)

A vicious dog shall be securely confined indoors or confined in a securely enclosed and childproofed locked pen or structure upon the premises of the person owning or harboring the same. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded in the ground no less than two (2) feet.

(b)

No person owning or harboring or having the care of a vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled, except that a vicious dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club show or upon prior approval of the animal control supervisor. Such dog may not be leashed to inanimate objects, e.g., trees, buildings, etc., and the muzzle must be sufficient to prevent such dog from biting persons or other animals.

(c)

No vicious dog may be kept on a porch or patio or 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 doors are the only obstacle preventing the dog from exiting the structure.

(d)

All owners, keepers or harborers of vicious dogs within the city shall display in a prominent place on their premises a sign easily readable by the public using such words as "Beware of Dog." In addition a similar sign shall be posted on the kennel or pen of such animal.

(e)

The owner or harborer of any dog which according to the records of the animal control division seriously injures a person without provocation or which has aggressively killed a domestic animal shall be required to provide public liability insurance in a single incident amount of one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or persons or for damage to property resulting from the ownership, keeping or maintenance of such dog. Such insurance shall contain a provision that the same may not be cancelled until fifteen (15) days notice of cancellation has been given to the animal control division; this extends to owners moving outside the city as they would be required to notify the animal control division of the date on which they are moving. "Serious injury" means any physical injury resulting in two (2) or more sutures or hospitalization.

(f)

Every vicious animal shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.

(g)

The persons having the enforcement duty under this title may enter the premises where a vicious dog or animal is kept for the purpose of inspection of the premises to ascertain whether such complies with the provisions of this title. Such inspection shall be made only after twenty-four (24) hours notice to the occupant of the premises and shall require that a police officer be present.

(h)

This section shall not apply to dogs kept by law enforcement agencies.

(i)

In addition to any other penalty the municipal court may impose upon a person convicted of a violation of this section, the court may impose a fine of five hundred dollars ($500.00) for violation of this section or any part thereof.

(Ord. No. 46, § 14, 6-7-88; Amd. of 4-20-04(1), § 8)