(a) It shall be unlawful for any person to own, or allow to be in or upon any premises occupied by him or her or under his or her charge or control any dog or cat of a cross, dangerous, or ferocious disposition as manifested by biting, habitual snapping, scratching, or growling, or otherwise acting so as to endanger a person or property without said dog or cat being securely fastened within the premises of the owner by a chain, or confined by an appropriate fence or enclosure, so that the dog or cat cannot be closer than six (6) feet from the public sidewalk and cannot go beyond the property line of the owner, and secured in such a manner that it does not cause injury or pose a threat of injury to any person or the property of any person who is lawfully on the premises of the owner. If, upon the hearing or trial of any offense mentioned in this chapter, it shall appear to the court that said dog or cat is still living, said court may, in addition to the usual judgment of conviction, order the chief of police to forthwith put the dog or cat to death. It shall be unlawful for any person to tease, annoy, or irritate any such dog or cat chained, or confined by an appropriate fence or enclosure, as hereinbefore described and which is within the owner's premises. For the purpose of this section, any dog owned or harbored primarily or in part for the purpose of dog-fighting or any dog trained for dog-fighting shall be defined as a cross dog.
(b) In the event the judge shall, pursuant to this section, at hearing or trial order an animal put to death, the animal shall immediately be impounded by the animal control officer or a police officer if prior to the hearing or trial the animal was not previously impounded.
(c) Upon an order of destruction of an animal by the judge pursuant to this section, the animal to be destroyed shall be impounded and shall not actually be destroyed until:
(1) The time to perfect an appeal to the district court has expired, or;
(2) The owner of the animal to be destroyed signs a written declaration indicating that the order of the court pertaining to destruction will not be appealed and that the owner consents to the destruction of the animal.
(d) During the time the animal to be destroyed is being held pursuant to subparagraph (c) above, the owner shall continue to be responsible for the costs of impoundment as provided in this chapter.
Source: Ord. No. 3523, § 19, 2-1-88; Ord. No. 5601, § 1, 2-19-19;