§ 14-41. Failure to prevent vicious or aggressive behavior.

(a)

It shall be a violation of this chapter for any person who owns, harbors, or keeps an animal, or any person charged with the care, custody, or control of any animal, to fail to prevent vicious behavior by that animal.

(b)

It shall be a violation of this chapter for any person who owns, harbors, or keeps an animal, or any person charged with the care, custody, or control of any animal, to fail to prevent aggressive behavior by that animal.

(c)

A law enforcement officer or animal control officer may impound an animal that has or is alleged to have exhibited vicious behavior if:

(1)

The animal is running at large.

(2)

The animal has or is alleged to have caused physical damage to a person or serious physical damage to a domestic animal 90 days or less prior to the date of impoundment.

(d)

Once an animal is impounded pursuant to subsection (c)(2) above, the department shall conduct an investigation and within 60 days of the date of impoundment shall either:

(1)

File a petition for custody of the animal in the county court, or

(2)

Notify the owner that the department will not seek custody of the animal.

Upon a finding by the court that the animal has exhibited vicious behavior and that the owner has failed to properly confine and supervise the vicious animal as required by this chapter, the animal shall become property of the department. Nothing in this subsection is intended to require court action for the impoundment and disposition of loose, stray or abandoned animals.

Should the court find the animal not to be vicious or that the owner properly confined and supervised the animal, or if the department decides not to seek custody of the animal after impounding it, the animal shall be returned to the owner with no boarding charges. The owner must redeem the animal, and pay the costs of any necessary veterinary care provided to the animal, within 72 hours of mailing, faxing, delivery, or posting of notice by the department.

(Ord. No. 16-29, § 3, 10-11-16)