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Section 4-33 Possession of dangerous or potentially dangerous animal without certificate; keeping of animal in violation of conditions of certificate.
(a) It shall be unlawful for an owner to have or possess within the city a dangerous animal or potentially dangerous animal without certificate of registration issued in accordance with section 4-32 of this article. (b) It shall be unlawful for an owner of a dangerous animal to permit the animal to be outside a proper enclosure unless the animal is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person. (c) It shall be unlawful for an owner of a potentially dangerous animal to permit the animal to be outside a proper enclosure unless the animal is restrained by a substantial chain or leash and is under the restraint of a responsible person. (d) It shall be the duty of the animal control official and any person under his employ to impound the animal if: (1) The owner does not secure a certificate of registration in accordance with section 4-32; (2) The owner does not secure liability insurance or meet the bond requirement of section 4-32; (3) The owner does not keep the animal within a proper enclosure or permits the animal to roam or run free. (e) Any animal impounded under the provisions of this section shall be returned to the owner upon the owner's compliance with the provisions of this article and upon payment of reasonable impoundment cost, as fixed by a schedule approved by the governing authority, as from time to time amended. Notice of impoundment under this section shall be given the owner in writing, by certified mail, at his last known address. The notice shall state that if the owner has not complied with the provisions of this article within twenty (20) days from receipt of such notice the animal shall be destroyed in an expeditious and humane manner; provided, however, no animal shall be destroyed under this section unless it has been held a full twenty (20) days, exclusive of the date of giving notice. (f) The owner of a dangerous animal or potentially dangerous animal shall notify the animal control officer if the owner is moving from the animal control officer's jurisdiction. The owner of a dangerous animal or potentially dangerous animal who is a new resident of the state shall register the animal as required in this section with thirty (30) days after becoming a resident. The owner of a dangerous animal or potentially dangerous animal who moves from one (1) jurisdiction to another within the state shall register the dangerous animal or potentially dangerous animal in the new jurisdiction within ten (10) days after becoming a resident. (g) Issuance of a certificate of registration or the renewal of a certificate of registration by a local government does not warrant or guarantee that the requirements specified in subsections 4-32(e) and (f) are maintained by the owner of a dangerous animal on a continuous basis following the date of the issuance of the initial certificate of registration or following the date of any annual renewal of such certificate. (h) An animal control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article. (i) The certificate of registration shall be renewed on an annual basis. At the time of the annual renewal of a certificate of registration, an animal control officer shall require evidence form the owner or make such investigation as may be necessary to verify that the dangerous animal or potentially dangerous animal is continuing to be confined in a proper enclosure and that the owner is continuing to comply with other provisions of this article. (Ord. of 3-12-90(2), 1)
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