§ 10-37. Vicious or biting dogs.

(a)

It is unlawful to keep, harbor or own a vicious dog as defined in this section.

(b)

For purposes of this section, the term "vicious" means any dog which attacks or bites any person or other animal, or which behaves in such a manner that it is possessed of tendencies to attack or bite such as chasing after a person or animal to harm or injure.

(c)

It is lawful for any person to use reasonable force to repel any such dog as hereinabove referenced in this section when under attack or in an apparent danger of being bitten thereby.

(d)

Whenever animal control, acting upon a factual basis in good faith determines that any dog possessing elements of viciousness as above defined, such dog at the discretion of animal control, shall be impounded as follows:

(1)

At the dog owner's domicile if:

a.

A written release is obtained from the victim; and

b.

Proof of current rabies vaccination is proved; or

(2)

At a licensed veterinarian at the choice of and expense of the owner or harborer of the dog; or

(3)

At the city-operated animal shelter.

Impoundment as hereinabove authorized shall continue until final order for disposition by the municipal court. If convicted, the owner or harborer shall be required to pay the expense of impoundment. If acquitted, and the dog has remained impounded at the city operated animal shelter, the impoundment expense may be abated and assessed to the city.

(e)

The dog may be euthanized upon order of the municipal court judge, after finding the dog poses a substantial likelihood of injury to anyone in the city.

(Prior Code(1), § 3-211; Prior Code(2), § 6.08.110; Ord. No. 3337, § 1, 1986; Ord. No. 3511, § 1, 1990; Ord. No. 3568, § 1, 1992; Ord. No. 3568a, § 1, 1992; Ord. No. 3697, §§ 1—3, 1996; Ord. No. 3939, § 1, 2002; Ord. No. 3942, § 1, 2002)