The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dangerous dog means:

(a)   Any dog with a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals;

(b)   Any dog which in a vicious or threatening manner approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places;

(c)   Any dog which attacks or bites, or has attacked or bitten, a human being or domestic animal; or

(d)   Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting

(e)   Notwithstanding this definition of a dangerous dog, no dog may be declared dangerous if any injury or damage is sustained by a person or animal who at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. No dog may be declared dangerous if an injury or damage was sustained by a person if the dog was responding to pain or injury; protecting itself, its kennel or its offspring; protecting or defending another human being within the immediate vicinity of the dog from an unjustified attack or assault; or involved in playful actions resulting in an unintentional bite wound. No dog may be declared dangerous if an injury or damage was sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. Nothing in this section shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.

(f)   Enclosure means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog. An enclosure shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure. An enclosure shall have a secure top suitable to confine a dangerous dog. If such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot.

(g)   Own or possess means having a property interest in an animal, actual or claimed, or the exercise of dominion or control over an animal, or the intent to exercise dominion or control over an animal with the present ability to do so. Any person who keeps, harbors, controls, acts as a custodian of, or knowingly permits an animal to remain on or about any premises shall be deemed to own or possess the animal.

(Ord. 1323; Code 2022)

(a)   In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous, as defined by Section 2-401, the municipal judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by Section 2-401. The Chief of Police or designee may order the dog to be impounded at the Ellis City Dog Pound, a licensed veterinary clinic or the humane society pending the determination of whether the dog is dangerous. The owner or keeper of the dog shall be liable for the costs of keeping such dog.

(b)   The Chief of Police or designee shall notify the owner or keeper of the dog that the hearing will be held, at which time evidence will be presented that the dog is dangerous and at which time the owner or keeper of the dog may present evidence to rebut evidence presented by the City and present such other evidence as may be relevant. The failure of the owner or keeper to attend or participate in the hearing shall not keep the judge from making the appropriate determination concerning the dog. The hearing shall be held promptly within no sooner than five nor later than 20 days after service of notice upon the owner or keeper of the dog. The City shall have the burden of proof to show that it is more probably true than not that the dog is dangerous as defined by Section 2-401.

(c)   After the hearing, the owner or keeper of the dog shall be notified in writing of the determination. If a determination is made that the dog is dangerous, the owner or keeper shall comply with the provisions of this division within 15 days. If the owner fails to comply with the provisions of this division within the time provided, the dog shall be destroyed. If the owner or keeper of the dog contests the determination, he may appeal within ten days to the district court pursuant to law.

(Ord. 1323; Code 2022)

If a dog is determined to be dangerous by definition, or the municipal court judge determines that a dog is dangerous pursuant to this division, the owner or keeper of the dangerous dog shall be required to comply with the following:

(a)   Registration The owner or keeper shall annually register the dangerous dog with the city, on such forms designated by the City Clerk. The owner or keeper shall provide proof of microchipping and pay a $50.00 annual registration fee and shall pay all costs associated with registration of the dog. The owner or keeper shall be responsible for maintaining with the City Clerk the address of the owner or keeper and the dangerous dog. The owner or keeper shall notify the City Clerk within seven days of a change in address for the owner or keeper and dangerous dog, or the removal from the City limits or death, loss or theft of a registered dangerous dog.

(b)   Confinement. All dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel outdoors. No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. It is unlawful for any owner or keeper to maintain a dangerous dog upon any premises that does not have a locked enclosure. It is unlawful for any owner or keeper to allow a dangerous dog to be outside of the dwelling of the owner or keeper or outside the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the dangerous dog or for the limited purposes of allowing the dangerous dog to urinate or defecate or to sell or give away the dangerous dog or respond to such orders of law enforcement officials as may be required. In such event, the dangerous dog shall be securely muzzled and restrained with a leash not exceeding four feet in length, and shall be under the direct control and supervision of the owner or keeper of the dangerous dog. No person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

(c)   Microchipping. All dangerous dogs shall have an identification microchip implanted in the dog which is compatible with local veterinarian detection equipment. The applicant shall provide proof of microchipping at the time application is made for a dangerous dog permit.

(d)   Signage. All owners of dangerous dogs shall display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog”. In addition, a similar sign is required to be posted on the kennel or pen of such animal.

(e)   Identification Photos. All owners of dangerous dogs shall provide a current photo of the dog being registered during the registration process for identification purposes.

(f)   Insurance. Any owner, keeper or harborer of a dangerous dog shall maintain liability insurance in the single-incident amount of $250,000.00 for bodily injury or death of any person(s), or for damage to property which may result from actions of the dangerous dog, or from actions or inactions of the owner, keeper or harborer related to the dangerous dog. The application, or re-application, for a dangerous dog license/registration, pursuant Section 3(1) shall include a certificate of liability insurance that indicates the required insurance level and is valid for the intended registration period.

(Ord. 1323; Code 2022)

(a)   Penalty; Fines. It is unlawful for any person to violate the provisions of this division. Any person found guilty of violating the provisions of this division shall be assessed, fined, and the animal disposed of, as provided in this subsection:

(1)   At-large. Any dangerous dog that is not confined or registered as required pursuant to this division shall be impounded by the Chief of Police or designee. In addition to all costs for impoundment, the owner or keeper shall pay a $250.00 fine. For a second offense within 24 months in which the dog is not confined or registered as required pursuant to this division, in addition to all costs for impoundment, the owner or keeper shall pay a $500.00 fine, and the Chief of Police or designee is empowered to impound the dog, and after the expiration of a five-day waiting period, exclusive of Sundays and holidays, shall destroy the dog. The judge shall have no authority to suspend the fine or any portion thereof.

(2)   Attack on Human. If any dangerous dog shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing of, a human being, the owner or keeper shall pay a $500.00 fine, and the Chief of Police or designee is empowered to impound the dog, and after the expiration of a five-day waiting period, exclusive of Sundays and holidays, shall destroy the dog. The judge shall have no authority to suspend the fine or any portion thereof.

(3)   Attack on Other Animal. If any dangerous dog shall kill or wound, or assist in killing or wounding, any animal, the owner or keeper shall pay a $250.00 fine, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five-day waiting period, exclusive of Sundays and holidays, shall destroy the dog. The judge shall have no authority to suspend the fine or any portion thereof. If the owner or keeper of a dog impounded pursuant to this division shall believe that there has not been a violation of the provisions of this division, such owner may petition the municipal court, on forms approved by the municipal judge, praying that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending the resolution of such owner’s petition if the petition shall have been filed within five days of impoundment of such dog and notice shall be delivered within five days of the impoundment of such dog. The dog shall remain impounded pending the determination of the petition. If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner upon the payment of the expenses by the owner or keeper.

(b)   Jail Sentence. In addition to the fines provided in this section, the municipal judge shall have the authority to sentence the person adjudicated guilty of this division to serve up to a maximum of six months in jail.

(Ord. 1323; Code 2022)

Notwithstanding any other provision of this division to the contrary, and irrespective of whether the dog has been declared dangerous pursuant to this division, the municipal judge may order any dog destroyed if the judge determines that the dog is an immediate threat to public health and safety and that confinement and registration of the dog by the owner or keeper of the dog as provided in this division will not adequately protect public health and safety. No person shall harbor, own or possess a dog that is an immediate threat to public health and safety. In making such determination, the judge may consider the severity of the attack and other relevant information. The municipal judge shall have the authority to sentence the person adjudicated guilty of this division to serve up to a maximum of six months in jail and to pay a fine not to exceed $1,000.00.

(Ord. 1323; Code 2022)

The purpose of the requirements in this article governing dangerous dogs is to prevent attacks, injuries or death by mandating use of control methods. It is the affirmative duty of any owner of a dangerous dog to take all necessary steps to comply with this article. Any dog found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment. If the dog is not immediately seized and impounded, the officer shall instruct the owner to keep said dog confined in a securely closed and locked pen or kennel until such time as the court may order seizure and impoundment. Neither the owner, nor any other person may remove said dog from said secure pen or kennel without the written permission of either the animal control officer or judge of the municipal court, Failure to comply with any provisions of this article shall also be considered good cause for the revocation of any license issued allowing for the keeping of the subject dog, resulting in the immediate removal from the City by the owner, or the impound of the dog.

(Ord. 1323; Code 2022)

All reasonable costs incurred by the City in seizing, impounding, confining or disposing of any dangerous dog pursuant to the provisions of this article shall be charged against the owner of such animal and shall be subject to collection by any lawful means. If the owner of the animal is found guilty of a violation of this article, said above-mentioned expenses shall be assessed as costs in said court action.

(Ord. 1323; Code 2022)

Whenever in this article any act is prohibited or is declared to be unlawful or the performance of any act is required or the failure to do any act is declared to be unlawful, the violation of any provision of this article shall be punished by a fine of not more than $2,500.00, or by imprisonment for a period not exceeding one year, or by both fine and imprisonment, at the discretion of the court. Each day any violation of this article continues shall constitute a separate offense.

(Ord. 1323; Code 2022)