5.05.100 Dangerous or vicious animals.
(A) It is unlawful to permit a dangerous or vicious animal of any kind to run at large within the city limits. Any such animals may be immediately impounded.
(B) Where animal control officers have reasonable cause to believe that an animal is dangerous or vicious and may cause immediate physical injury if allowed to escape, they may make application to the magistrate court for an ex parte order to impound the animal; provided, that a civil hearing is set as provided in subsection (C) of this section within five (5) working court days.
(C) Upon complaint of any person and after notice to the owner and a civil hearing, the city magistrate (or any judge having authority to hear the matter) may determine that an animal is dangerous or vicious. In the event that an animal is off the premises of the owner and bites a human being breaking the skin, there shall be a rebuttable presumption that the animal is dangerous or vicious and shall be destroyed absent sufficient mitigating circumstances set forth on the record. If an animal is determined to be dangerous or vicious, the court may order one (1) or more of the following:
(1) The destruction of said animal.
(2) That such animal be confined within a building or secure enclosure.
(3) That such animal be securely muzzled or caged at all times.
(D) The animal control officer is authorized to destroy a dangerous animal of any kind, upon an order from the city magistrate, or when it is necessary for the protection of any person or property, when in their judgment the animal is:
(1) Dangerous or vicious; and/or
(2) Cannot be safely impounded. (Ord. No. 2004-20, §§ 1, 2, 9-21-04; Ord. No. 2005-30, § 1, 11-1-05. 1976 Code § 6-1-10)