§ 5-6-601. Preventive measures for confinement/seizure of animals.

A.

Circumstances Requiring Special Preventive Measures. When the animal welfare division deems that preventive measures are appropriate, the division shall have the authority to require the person owning or having possession, charge, custody or control of an animal to comply with specific preventive measures, as described below in subsection C, after taking into consideration the following circumstances:

1.

Nature of the particular animal. The behavior, size, temperament, breed, capacity for inflicting serious injury, the number of animals or other such similar factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation;

2.

Adequacy of confinement. The adequacy of the enclosure or confinement and any instances of the animal running at large; and

3.

Immediate surrounding area. The likelihood that the conditions pertaining to the particular animal and the animal's confinement are detrimental to the safety or welfare of citizens or the peace and tranquility of citizens in the immediate surrounding area.

B.

Additional Factors. In considering whether to order a special preventive measure, the division is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures, including, but not limited to:

1.

Child under thirteen (13) years of age. There is a child under the age of thirteen (13) who lives in close proximity to the animal, or children walk by or are otherwise in close proximity to the property occupied by the animal;

2.

Bite. The animal has bitten a human being or domestic animal without provocation;

3.

Dog trained for fighting or attack. The dog has been trained for fighting or attack; provided, however, this provision shall not apply to current or retired police dogs trained to attack;

4.

Attitude of attack incident. The animal, without provocation, has approached a person in an apparent attitude of attack; and

5.

Reputation of animal. The individual animal has a known propensity, reputation, or tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.

C.

Preventive Measures. If the animal welfare division determines that the circumstances require special preventive measures, the division shall have the authority to require appropriate, specific preventive measures which shall include, but are not limited to, the following: requiring the construction or repair of a proper enclosure, fence, or any other similar device that would provide greater assurance for the confinement of the animal, all of which are subject to being specifically approved for their adequacy by the division. The division shall have the authority to establish the fencing and/or enclosure requirements on a case-by-case basis.

When the division deems that preventive measures are appropriate, the division shall have the authority to require the animal's owner or person having possession, charge, custody or control of the animal to install a microchip implant in the animal and cause the animal to be spayed or neutered at the owner's or keeper's expense and order the dog be muzzled any time the dog is outside of the enclosure or residence.

The division shall have the authority to require the animal's owner or keeper to procure liability insurance in the amount of at least one million dollars ($1,000,000.00) at the owner's or keeper's expense for the benefit of any person who suffers damages, injury, or death caused by the animal, and to display a sign on the premises warning of the animal on the premises, for as long as the animal remains in the city. The division shall have the authority to require the owner or keeper to provide written proof of the liability insurance and to require the owner or keeper to have the insurer notify the division of any change in the insurance coverage or policy. The animal's owner or keeper shall have the duty to immediately notify the animal welfare division if the animal escapes. The division shall have the authority to seize and impound the animal if the owner or keeper fails to comply with any provision of this section or specific preventive measures required by the division under the authority hereof.

D.

Written Order. In order to protect the public's safety and welfare, if the animal welfare division determines that specific preventive measures should be implemented by the animal's owner or keeper, the division shall promptly issue a written order directed to the owner or keeper, stating the reasons why preventive measures are required, describing the specific preventive measures that must be implemented and designating the time period during which the owner is to comply with the written order. The division shall have the authority to exercise discretion in providing for extensions of time for the owner's or keeper's compliance if the division deems an extension to be reasonable in view of the owner's or keeper's good-faith progress in implementing the preventive measures.

E.

Failure to Comply with Written Order. It shall be unlawful for the animal's owner or keeper to fail to comply with a written order from the division within the designated time for compliance stated in the order or any extension thereof. Any person convicted of violating the order shall be punished by a fine of not less Five Hundred Dollars ($500.00).

F.

Seizure and Disposition of Animal. In addition to any other authority or procedure authorized by this chapter or any other ordinance or law to seize an animal, the animal welfare division shall have the authority to summarily seize any animal other than inside a residence when the division determines that the animal in the surrounding circumstances is imminently dangerous to the public safety and to seize an animal at any other time when so authorized by this chapter. The written order issued pursuant to paragraph D shall explicitly state that the animal welfare division has the authority to terminate ownership rights to the animal, including the possible humane destruction of the animal, if there is a failure to comply with the written order. If the animal welfare division presents an animal's owner or keeper with a written order or a court order to seize the animal, it shall be unlawful for the owner or keeper to fail to comply with the order or to interfere with the animal welfare officer. The animal's owner or keeper shall be entitled to redeem the animal from the animal welfare division within eight (8) days of the date of the animal's seizure (unless the division retains the animal upon some other basis of legal authority) by paying all applicable fees and any other costs authorized to be collected by this chapter that are attributable to the animal and by complying with any outstanding animal welfare division order and court order.

If an animal's owner or keeper fails to comply with the requirements that constituted the basis for seizing the animal or fails to reclaim the animal within eight (8) days of its seizure, the animal welfare division shall have the authority to humanely destroy the animal or place the animal for adoption by the public if appropriate under the circumstances, all in accordance with this chapter.

(Ord. 2007-43, Add, 07/10/2007)

(Ord. No. 13-26, § 12, 8-13-2013; Ord. No. 15-16 , § 3, 7-14-2015)