§ 6-79. Attacks by dangerous animals.

(a)

The owner or keeper of a dangerous animal, which, when unprovoked, inflicts severe injury or death to a person or bites a person on public or private property while off the owner's property, shall be guilty of a Class C misdemeanor.

(b)

It shall be a violation of this chapter for an owner or keeper to intentionally, knowingly, or recklessly fail to prevent a dangerous animal from:

(1)

Killing or wounding, or assisting in the killing or wounding of any domestic animal belonging to or in the possession of another person; or

(2)

Attacking, assaulting, biting or otherwise injuring any person or assisting in the attack, assault, biting, or other injury of any person whether or not the animal was within the enclosure of the owner or keeper; was on a leash or securely muzzled; or escaped without the knowledge or consent of the owner or keeper.

(c)

A justice court, county court or municipal court shall order the city animal control officers to seize a dangerous animal and shall issue a warrant authorizing the seizure:

(1)

On the sworn complaint of any person, including the county attorney, city attorney or a peace officer, that a dangerous animal, other than a dangerous dog as determined under this chapter, has caused the death of or serious bodily injury to a domestic animal or person by attacking, biting or mauling; and

(2)

On a showing of probable cause to believe that the dangerous animal caused the death of or serious bodily injury to the domestic animal or person as stated in the complaint. Animal control officers shall seize the dangerous animal and shall provide for the impoundment of the dangerous animal in secure and humane conditions until the court orders the disposition of the dangerous animal.

(d)

A hearing shall be held not later than the tenth (10th) day after the date on which the court issues the warrant. The court must provide written notice of the time and place of the hearing to the owner of the dangerous animal or the person from whom the animal was seized and the person who made the complaint. Any interested party, including the county attorney or city attorney is entitled to present evidence at the hearing.

(1)

If the court finds the animal caused the death of a person by attacking, biting or mauling it shall order the animal euthanized humanely.

(2)

If the court finds the animal caused the death of a domestic animal, or serious bodily injury to a domestic animal or person by attacking, biting or mauling, the court may order the destruction of the animal.

(3)

If the court finds the animal did not cause the death or serious bodily injury of a domestic animal or person, the court shall order the animal released to its owner, the person from whom the animal was seized, or any other person authorized to take possession of the animal.

(4)

The court may not order euthanization of a dangerous animal if the court finds the animal caused serious bodily injury to a domestic animal or person by attacking, biting or mauling the domestic animal or person: and

(A)

The animal was being used for the protection of a person or person's property, the attack occurred in an enclosure in which the animal was being kept, the enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own and provided notice of the presence of the animal and the injured person was at least eight (8) years of age, and was trespassing in the enclosure when the attack occurred;

(B)

The dog was not being used for the protection of a person or person's property, the attack occurred in an enclosure in which the animal was being kept, and the injured person was at least eight (8) years of age and was trespassing in the enclosure when the attack occurred;

(C)

The attack occurred during an arrest or other action of a peace officer while the peace officer was using the animal for law enforcement purposes;

(D)

The dog was defending a person from an assault or person's property from damage or theft by the injured person; or

(E)

The injured person was younger than eight (8) years of age, the attack occurred in an enclosure in which the animal was being kept, and the enclosure was reasonably certain to keep a person younger than eight (8) years of age from entering.

(e)

If the court orders euthanization of the dangerous animal, it must be performed by a licensed veterinarian; personnel of a recognized animal shelter or humane society who are trained in the humane euthanization of animals; or city personnel trained in the humane euthanization of animals.

(f)

The provisions under this section shall not apply to any law enforcement agency where a dog is being used for law enforcement purposes.

(Ord. No. 2018-20, § 1, 8-13-2018)