Chapter 7.16 VICIOUS OR UNSAFE ANIMALS

CHAPTER 7.16
VICIOUS OR UNSAFE ANIMALS

SECTION:

7.16.010: Vicious Or Unsafe Animals Described

7.16.020: Unconfined Vicious Animals, Public Nuisance

7.16.030: Impoundment Of Vicious Animals

7.16.040: Confinement Or Destruction Of Vicious Animals

7.16.010 VICIOUS OR UNSAFE ANIMALS DESCRIBED:

A. Animal Described: For purposes of this chapter, a "vicious or unsafe animal" is one having a known propensity or disposition to attack a human or animal without provocation, or one owned and maintained for the purpose of participating in dog fights. It shall be presumed that an animal is vicious and unsafe when records of the animal control officer indicate that it has, without provocation, attacked a person when such person is conducting himself or herself peacefully and lawfully, or when it has, without provocation, attacked another animal on property other than that of its owner.

B. Peaceful Conduct Of Person: For purposes of this section a person on the private property of the owner of an animal is deemed to be conducting himself or herself peacefully and lawfully when he or she is present on said property in the performance of a duty imposed on such person by state or local law or by the postal laws or regulations of the United States, or when he or she is on such property at the invitation, express or implied, of the owner. (1972 Code § 7.16.010)

7.16.020 UNCONFINED VICIOUS ANIMALS, PUBLIC NUISANCE:

A. Order To Abate Nuisance; Hearing:

1. Except when confined as provided in section 7.16.040 of this chapter, the keeping of a vicious or unsafe animal is declared to be unlawful and a public nuisance.

2. Whenever the animal control officer has reason to believe that any animal is vicious or unsafe, he may issue an order directing the owner of such animal to abate such nuisance by disposing of the animal or by adequately confining the animal as provided in section 7.16.040 of this chapter.

3. If the owner of such an animal, for any reason whatsoever, fails to comply with the order of the animal control officer, the animal control officer may issue an order directing the owner to appear at a hearing to show cause why he or she should not be required to surrender said animal to the animal control officer or take such other steps as may be designated to abate such nuisance.

B. Notice Of Hearing: Notice of the time and place of said hearing, and of the designated action, shall be served upon the owner of said animal, either personally or by registered or certified mail addressed to said owner at his or her last known address, at least ten (10) days prior to the date of such hearing.

C. Hearing Officer; Decision: The city manager, or his designated representative, shall act as hearing officer at such hearing. At the conclusion of the hearing, the hearing officer may order the animal to be surrendered and destroyed, or may order such other measures as in his judgment are necessary to abate the nuisance. (1972 Code § 7.16.020)

7.16.030 IMPOUNDMENT OF VICIOUS ANIMALS:

A. Authority To Impound Or Destroy Animal:

1. Whenever the animal control officer has reasonable cause to believe that an unconfined animal is vicious or unsafe and that it constitutes an immediate hazard to persons, the animal control officer may immediately seize the animal.

2. If the animal control officer is unable to locate the owner, or if the owner is unable or unwilling to take the necessary steps to confine such animal in the manner provided in section 7.16.040 of this chapter, the animal control officer may immediately impound the animal.

3. Such animal shall be returned to its owner only if the animal control officer is satisfied that the owner will confine such animal as provided in section 7.16.040 of this chapter.

4. If the owner fails or refuses to make such arrangements for the confinement of the animal, or if the owner cannot be located after reasonable effort to do so has been made, the animal control officer may order the animal to be destroyed, or he may take such lesser measures as, under the circumstances, he deems necessary to protect persons from injury.

5. In the event a vicious or unsafe animal cannot be safely impounded under the provisions of this subsection, the animal control officer or a police officer may enter upon any premises where such animal is kept or found, and slay such animal.

B. Failure Of Owner To Comply: It is unlawful for the owner of any animal to fail or refuse to comply with any order issued under this section by the animal control officer. Each additional day that the owner continues to disobey such order shall constitute a separate and distinct violation of this section.

C. Charge For Keeping Animal: A keeping charge as provided in section 7.20.060 of this title shall be assessed for each day during which the animal is impounded under the provisions of this section, and such animal shall not be released until the owner pays all such charges. (1972 Code § 7.16.030)

7.16.040 CONFINEMENT OR DESTRUCTION OF VICIOUS ANIMALS:

Every vicious or unsafe animal must at all times be confined indoors or in a securely locked pen or kennel, except when it is securely leashed and under the physical control of a person holding the leash. Such animals shall not be leashed or tied to inanimate objects such as trees, posts, or buildings. In addition, while any such animal is on a leash outside its pen or kennel, it must be muzzled by a muzzling device sufficient to prevent it from biting persons or other animals. If any such vicious or unsafe animal is found in violation of this section, it shall be taken up and impounded and shall not be released except upon the approval of the animal control officer after payment of fees provided for in section 7.20.060 of this title; provided, that if any such vicious or unsafe animal so found at large cannot be safely taken up and impounded, it may be summarily destroyed. (1972 Code § 7.16.040)

7.16.050 CONFINEMENT OF PIT BULLS:

By reason of the commonly recognized and well documented aggressive traits and tendencies of pit bulldogs (known and herein referred to as "pit bulls"), the serious nature of injuries they inflict on humans and animals whom they attack, sometimes resulting in death, the city council hereby finds and determines that in order to protect the public health, safety and general welfare it is necessary that such animals be confined or restrained at all times. For the reasons stated, the provisions of section 7.16.040 of this chapter are made specifically applicable to pit bulls, who shall at all times be confined or restrained in the manner set forth in said section. (1972 Code § 7.16.050)