(a)   Vicious Dogs Prohibited: It shall be unlawful to keep, harbor, own or in any way possess any vicious dog in the City limits.

(b)   Vicious Dog means and includes any dog by virtue of its breeding, training, characteristics, behavior, or other factors the owner or custodian thereof knows or has reason to know has a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise does bodily injury or to otherwise does bodily harm to a human being is included in the definition of vicious dog. There is a rebuttable presumption that a pit bull dog is a vicious dog.

(2)   Pit Bull Dog means:

(A)  The Bull Terrier Breed of dog;

(B)  Staffordshire bull terrier breed of dog;

(C)  The American pit bull terrier breed of dog;

(D)  The American Staffordshire terrier breed of dog;

(E)   Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is commonly known as pit bulls, pit bull dogs or pit bull terriers.

(3)   The term owner includes not only the actual owner of the dog, but also the keeper, custodian, possessor, or harborer of the dog.

(c)   Disposition of dog and penalties:

(1)   Any public health officer, law enforcement officer, licensed veterinarian, or any officer or agent of a duly incorporated humane society, or other person designated by the Mayor, may take into custody any dog suspected of being kept by its owner or custodian in violation of subsection (a). Such person may place the dog in the care of a duly incorporated humane society or licensed veterinarian for boarding, treatment, or such other care deemed necessary.

(2)   Any vicious dog kept in violation of subsection (a) may be ordered by the court to be destroyed in a humane manner when, in the court’s judgment, such vicious dog represents a continuing threat of serious harm to human beings. If the court does not order destruction of the dog, the court shall allow the owner or custodian thereof no more than 72 hours to remove the dog from the city. Failure to remove such dog within the time allowed by the court shall constitute a separate violation of subsection (a).

(3)   Any owner convicted of violating subsection (a) shall be assessed as costs: All expenses for the care, treatment, boarding or other expenses necessitated by the seizure of any dog for the protection of the public, including all expenses for the humane destruction of such dog by order of the court.

(4)   Any owner violating this chapter, upon conviction of a first offense thereof, shall be fined not more than $100.00 or shall be confined to a jail period not to exceed 30 days, or both fined and placed in jail. Upon subsequent convictions thereof, the owner shall be fined nor more than $500.00 or shall be confined to a jail for a period not to exceed 30 days, or both fined and placed in jail. Each violation shall constitute a separate offense and may be punished as such. The penalties provided in this section shall be in addition to and not instead of the remedies, costs and expenses provided in subsections (c)(1), (c)(2) and (c)(3), and shall be in addition to, and not instead of, those provided in other ordinances of the City.

(Prior Code 2-301; Code 2023)