Sec. 4-50. - Unrestricted and aggressive dogs prohibited.

(a)

Whenever it shall be affirmed in writing by any two persons having separate residence or regularly employed in the neighborhood or if the animal control office or a police officer determine that any dog is being aggressive without provocation by its actions such as biting or attacking a human or any animal or in an aggressive or terrorizing manner approaches a person or animal in an apparent display of attack, the animal control officer or the police shall have the authority to issue violations and/or impound said dog and/or service notice upon the owner or custodian that such vicious action must be abated.

(b)

It is unlawful for any owner of an aggressive dog to place that dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of restricting the dog.

(c)

The penalty for violating the provisions of this section shall be a fine not exceeding $250.00 for the first offense; not exceeding $350.00 for the second offense; and a mandatory court appearance and a fine not exceeding $500.00 for the third offense. A fine may only be levied after an investigation into the incident is conducted by animal control or police and the owner or keeper of said dog is deemed to be negligent in their actions.

(d)

An owner shall not be deemed negligent if an injury or damage is sustained by an animal which has trespassed onto the property where the dog resides or a person who, at the time that injury or damage was sustained, was committing a trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, provoking, abusing, or assaulting the dog or was attempting to commit a crime.

(Ord. No. O-17-29, § I, 11-7-17)