CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 1. GENERAL PROVISIONS

ARTICLE 1. GENERAL PROVISIONS

For the purposes of this chapter, the following words and phrases shall mean:

(a)      Abandon means for an owner or keeper to relinquish custody of an animal without the intent to recover or resume such custody. Abandon also includes the leaving of an animal by its owner or keeper for more than twenty-four (24) hours without making effective provisions for its proper care.

(b)     Animals means all vertebrate and invertebrate animals such as but not limited to dogs, cats, bovine cattle, horses and other equines, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.

(c)      Animal Shelter means the facility or facilities operated by the city or its authorized agents or contractors for the purpose of impounding or caring for animals under the authority of this chapter or state law.

(d)     At-large means to be: (1) outside of the owner or keeper's property, fence, or other enclosure which restrains the animal to a particular premise, or (2) not under the control, by leash, chain, or lead, of the owner or other authorized person  capable  of  restraining  the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be "At-large."

(e)      Bite means any actual abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal.

(f)      Cat means any member of the species felis catus, regardless of sex.

(g)      Dog means any member of the species canis familiaris, regardless of sex.

(h)     Fowl means all animals that are included in the zoological class aves.

(i)      Keeper means any person who allows an animal to be kept or lodged at his or her home, store, yard, enclosure, place of business or any other premises where he or she resides or controls.

(j)      Humane Live Animal Trap means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

(k)     Humanely Euthanize means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.

(l)      Immediate Control means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.

(m)    Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, three or more dogs.

(n)     Livestock includes, but is not limited to cattle, horses, goats, sheep or other animals, commonly regarded as farm or ranch animals.

(o)     Neutered means any male or female cat or dog that has been permanently rendered sterile.

(p)     Own means and includes own, harbor, shelter, manage, possess, or have a part interest in any animal, including but not limited to cats, dogs, exotic animals, fowl and livestock. Ifa minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.

(q)     Owner means the one who owns, his or her employee, agent, or other competent person into whose charge the actual owner has placed an animal described in subsection (r) above. A parent or legal guardian shall be deemed the owner of an animal owned or maintained by a minor child upon their premises.

(r)      Vaccination means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.

(s)      Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      There is hereby created the position of animal control officer for the city and such officer shall be charged with the enforcement of this chapter. The animal control officer may be employed by the city or be contracted with by the city.  Any police officer or animal control officer commissioned by the governing body shall have such powers and authority as allowed by law in the enforcement of this chapter.

(b)     Any person having personal knowledge of the violations of any of the provisions of this article may make a verified complaint of the facts showing a violation of thi s article before the municipal court judge and upon the filing of such a complaint. the municipal court judge may issue proper legal process to enforce the penalties provided herein.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city. such officers and/or their agents may place a humane trap on the property if the resident requests such a trap for the purpose of capturing any animal defined in this chapter creating a nuisance in the city.

(b)     The animal control officer shall be authorized to use a tranquili zer gun in the enforcement of this chapter.

(Code 1985; Ord. 1214; Ord. 1335)

The animal control officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this code.

(Code 1985; Ord. 1214; Ord. 1335)

A municipal animal shelter shall be established to carry out the provisions of this chapter. The animal shelter may be operated by a contractor and all services required herein may be provided by a contractor. The animal shelter shall have the following services and facilities as a minimum:

(a)      Adequate pickup and impounding of all stray and ownerless dogs and cats and animals otherwise in violation of the provisions of this chapter.

(b)     Group holding facilities for stray, ownerless and unvaccinated  animals impounded for violation of the provisions of this chapter.

(c)      Individual isolation facilities for sick, biti ng, rabid and suspected rabid animals.

(d)     Facilities for the humane destruction of all unwanted and wanted animals.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the animal shelter, or to take or let out any animal placed therein, or take or attempt to take from an officer of this city any animal taken up by him or her under the provisions of this chapter, or in any manner interfere with or hinder any officer  or employee of this city in catching, taking up, or impounding any animal.

(b)     It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed, or interfere in any way with the care of impounded animals.

Any person violating section (a) or (b) above shall be guilty of a Class C violation.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      It shall be unlawful for any person to:

(1)          Willfully, recklessly, or maliciously kill, maim, disfigure, torture; strike or beat with a stick, chain, club or other object; mutilate, poison, bum or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;

(2)          Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;

(3)          Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as provided in section 2-108 of this code.

(4)          Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl, under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color; provided, however, that this section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;

(5)          Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;

(6)          Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for health and well-being of such kind of animal; and

(7)          Abandon any animal within the city limits.

(b)     These provisions shall not apply to the exceptions sanctioned under section 2-108 of this code.

(c)      Any person violating section (a) above shall be subject to the general penalty provided in section 1-116 of this code. In addition to the penalties provided in section 1-116 of this code, the municipal court judge may order a person convicted of violation under this section to tum the animal involved over to a designated humane society. All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      The provisions of section 2-107 shall not apply to:

(1)          The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose. or the humane killing of domestic animals, by the owner thereof or by a licensed veterinarian at the request of the owner thereof or by any officer or agent of an incorporated humane society, law enforcement officer, animal control officer, the operator of an animal shelter or pound, a local or state health officer or a licensed veterinarian three business days following the receipt of any such animal at such society, shelter or pound;

(2)          With respect to farm animals, normal or accepted practices of animal husbandry including the normal and accepted practices for the slaughter of such animals for food or by­ products and the careful or thrifty management of one's herd or animals, including animal care practices common in the industry or region;

(3)          The killing by any person of any domestic animal which is found outside on private, owned, or rented property on which the domestic animal is trespassing, and which the animal is found injuri ng, worrying, or posing an immediate threat to any person, domestic animal, or farm animal;

(4)          An animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, or trained police officer or animal control officer using a electronic control device, when such animal is vicious or could not be captured after reasonable attempts using other methods;

(5)          Laying an equine down for medical or identification purposes;

(6)          Normal or accepted practices of pest control, as defined in subsection (x) of K.S.A. 2-2438a, and amendments thereto;

(7)          Accepted practices of animal husbandry pursuant to regulations promulgated by the United States department of agriculture for domestic pet animals under the animal welfare act, public law 89-544, as amended and in effect on July I , 2006;

(8)          In situations where delay would result in unnecessary and prolonged suffering of an injured or rabid animal, law enforcement officers may utilize alternative means to euthanize such animal;

(9)          Bona fide experiments carried on by commonly recognized research facilities;

(10)        Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated; or

(11)        Rodeo practices accepted by the rodeo cowboys' association;

(Code 1985; Ord. 1214; Ord. 1335)

It shall be unlawful for any person to keep, harbor or maintain any domestic animal or livestock in the city on any lot or tract of ground, or in any enclosure or building, located within 300 feet of any house or residence of any person other than the owner, harborer or keeper of such animal. Nothing in this section shall be construed to prevent the transportation of animals into or through the city and the keeping of animals within any stockyards lawfully operating within the corporate limits.

(Code 1985; Ord. 1214; Ord. 1335)

It shall be unlawful for any person to rear or keep any swine in the city.

(Code 1985; Ord. 1214; Ord. 1335)

It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      It shall be unlawful for the owner or keeper of any animal to fail to take all reasonable measures to keep such animal from becoming a nuisance. For the purpose of this section, "nuisance" is defined as any animal which:

(1)          Molests or interferes with persons in the public right-of-way;

(2)          Has been found guilty of running at-large under Section 2-115 more than three (3) times in one twenty-four (24) month consecutive period.

(3)          Attacks or injures a person, or other domestic animal;

(4)          Damages public or private property by its activities or with its excrement;

(5)          Scatters refuse that is bagged or otherwise contained;

(6)          By loud, frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the nuisance, and if he or she fails to do so, the city may abate the nuisance, by taking up, impounding and/or disposing of the animal at the expense of the owner.

(7)          Causes any condition which threatens or endangers the health, safety, well-being, or peace of mind of persons or other animals.

(b)     A violation of this section is a violation of this code.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      It shall be unlawful for any person to keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors that annoy any neighbor, and devoid of rodents and vermin.

(b)     Excrement shall be removed at least once each week from any pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids.

(c)      All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.

(d)     All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized police officer, or public health official. If the officer or official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on the owner. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.

(Code 1985; Ord. 1214; Ord. 1335)

All dead animals shall be disposed of by their owner or keeper within 24 hours, by burial, incineration in a facility approved by the animal control officer, by rendering or by other lawful means approved by the animal control officer. No dead animal shall be dumped on any public or private property.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      It shall be unlawful for any person to willfully allow any animal under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in sections 2-1 17, 2-118, or 2-205 of this chapter.

(b)     Any person violating section (a) above shall be fined as follows: $30.00 for the first offense in a twelve (12) month period; $40.00 for the second offense within a twelve (12) month period; $60.00 for the third offense within a twelve (12) month period; and $100.00 for the fourth and any subsequent offense(s) within a twelve (12) month period. The fine shall be in addition to any applicable court costs and impoundment fees.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      It shall be a separate offense for any person to receive four (4) or more citations for violations of Section 2-115 within a twenty-four (24) month consecutive period. Such person shall be cited as an habitual violator.

(b)     Any person found guilty of being a habitual violator in violation of section (a) above shall be fined not less than $I 00.00 nor more than $500.00 for each habitual violator conviction. The Municipal Judge shall have no authority to suspend the minimum fine or any portion of the minimum fine.  A person cited for a violation of this section shall be required to appear in person in the Municipal Court.

(c)      It shall be a defense to any charged violation of this section if, under any citation issued under Section 2-115, the defendant was adjudged not guilty of the charge or the charge was otherwise dismissed.

(Code 1985; Ord. 1214; Ord. 1335)

The animal control officer or police officer shall impound any animal or fowl found at large in the city or otherwise creating a nuisance in a suitable animal shelter or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon  as reasonably possible. Any impounded dog or pup which has not been claimed within the three day limit as hereinafter provided may be sold to any person or be given to the Lawrence Humane Society and that person shall be required to have the dog duly registered and inoculated as provided for in this article. The city shall be entitled to receive from such owner the actual cost of feeding and maintaining the animal while impounded. In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal shall be considered a stray.

(a)      If the dog so impounded has no current registration tag, it shall be kept for three days and if within that same time the owner does not appear to claim such dog, it may be sold, euthanized or otherwise disposed of. If within three days of the impoundment date, the owner, shall appear and claim such dog, the dog shall be turned over to the person claiming it upon payment of an impounding fee of $25, if picked up within 24 hours, and $8 for each additional day or portion thereof the dog remains impounded, and upon compliance with the requirements of this article.

(b)     Ifthe dog so impounded has a current registration tag attached to it, the owner of such dog, as shown by the records of the city clerk or agent, shall be notified as soon as possible within a three day impoundment period. If at the end of three days, the animal control officer has been unable to locate the owner or the owner refuses to claim or redeem the dog, then the dog may be solid, euthanized, or given to the Lawrence Humane Society.

(c)      If the dog so impounded does not have a current registration tag and a rabies vaccination certificate, and the same is reclaimed by the owner, then the city clerk or agent shall give the owner a registration form and a duplicate of which shall be presented to the  animal control officer and such owner shall pay all impounding fees and  register  and  have  the  dog vaccinated. If the owner has not complied within five days, the dog shall be subject to disposal or given to the Lawrence Humane Society.

(Code 1985; Ord. 1214; Ord. 1335)

Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in a veterinary hospital or animal care facility for a period directed by Kansas law and any applicable regulations during which time the local health officer shall determine whether or not such animal is suffering from a disease and, if not, the local health officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefore. The health officer may authorize the keeping of any such animal on the owner's premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner.

(Code 1985; Ord. 1214; Ord. 1335)

Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local health officer and/or the police department. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless:

(a)      The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and

(b)     If the bitten animal has a current vaccination, it shall be confined for 90 days; and

(c)      The bitten animal shall be released from confinement only upon written order from the local health officer, who declares the animal to be free of rabies; and

(d)     If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.

(Code 1985; Ord. 1214; Ord. 1335)

Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained, and located, the operator shall at once report the accident to the animal control officer.

(Code 1985; Ord. 1214; Ord. 1335)

The mayor is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to muzzle or confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any police officer, or the duly authorized animal officer of the city. The owner of such animal shall be prosecuted for such violation thereof.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      A "Dangerous Animal", as used in this Article, shall mean:

(1)          Any animal which attacks or bites any human being or domestic animal or has attacked or bitten a human being or domestic animal;

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

(3)          Any animal 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, or on private property; or

(4)          Any animal which because of its size, physical characteristics and vicious propensities is capable of inflicting serious physical injury or death on a human being.

Notwithstanding anything to the contrary herein, no animal shall be deemed "dangerous" if any proscribed conduct listed herein took place at a time when: (1) the person who was the object of such conduct was committing a willful trespass or other tort upon the premises of the owner or keeper of the animal, or (2) the person who was the object of such conduct was at the time provoking, teasing, tormenting, abusing or assaulting the animal, or (3) the person who was the object of such conduct was committing or attempting to commit a crime, or (4) the animal who was the object of such conduct was provoking, tormenting, abusing, or assaulting the animal.

Any dog owned by governmental or law enforcement agencies when used in the service of those agencies, shall be exempt from the requirements of this section.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      In the event that the City Prosecutor has probable cause to believe that an animal is dangerous, as defined by Section 2-122, the City Prosecutor may request a hearing before the Municipal Judge for the purpose of determining whether or not the animal in question should be declared dangerous as defined by Section 2-122. The Municipal Judge may order the animal to be impounded at a licensed veterinary clinic or the Lawrence Humane Society pending the determination of whether the animal is dangerous. The owner or keeper of the animal shall be liable for the costs of impounding and keeping such animal.

(b)     If the City Prosecutor has requested a hearing, the Municipal Judge shall promptly set the matter for hearing. The Municipal Court shall then provide a notice of hearing to the owner or keeper of the animal in question specifying the date and time for the hearing. The Municipal Judge may continue the hearing from time to time for good cause shown.

(c)      At the hearing, the City shall have the burden of proof to show by clear and convincing evidence that the animal is dangerous pursuant to Section 2-122 and that the animal is being kept or harbored within the city limits. The parties may present relevant evidence at the hearing as to whether the animal is dangerous pursuant to Section 2-122 and as to the appropriate disposition of the animal. The failure of the owner or keeper to attend or participate in the hearing shall not prevent the judge from considering evidence and making a determination concerning the animal.

(d)     At the conclusion of the heari ng, the Municipal Judge shall determine whether the animal is dangerous pursuant to Section 2-122. If a determination is made that the animal is dangerous, the Municipal Judge shall decide whether: (1) the animal shall be destroyed, (2) the animal shall be removed from the city under appropriate conditions, or (3) the owner or keeper shall be allowed to keep the animal subject to the provisions of Section 2-124. The owner or keeper of the animal shall be notified in writing of the Municipal Judge's determination.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      If the Municipal Judge determines that an animal is dangerous pursuant to this Article and allows the owner or keeper to remain in custody of the animal, the owner or keeper of the dangerous animal shall be requi red to comply with the following:

(1)          Insurance. The owner or keeper of the dangerous animal must obtain and maintain public liability insurance in a single incident amount of at least one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping, or maintenance of such animal. Such insurance policy shall provide that no cancellation, termination, expiration or change of the policy will be made unless thirty (30) days' written notice is first given to the city clerk.

(2)          Microchip. Ifavailable for a given animal, the animal shall have a microchip inserted into it by a veterinarian or the Lawrence Humane Society. The microchip shall detail the dangerous animal registration and such other information as may be appropriate to determine the ownership of the animal. The owner or keeper shall pay all costs associated with the microchip procedure for the animal.

(3)          Signs. The owner or keeper of the dangerous animal must display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dangerous Animal" or "Beware of Dangerous Dog", if applicable.  An identical sign must also be placed in a clearly visible location on the kennel or pen of such animal.

(4)          Registration. The owner or keeper must register the dangerous animal with the City, on an annual basis on such forms designated by the City Clerk. In order to register the animal, the owner or keeper must provide the city clerk with proof of insurance required by Section 2-124(a)(1), proof that the animal has received a microchip as required by Section 2-124(a)(2), and proof that the signs required by Section 2-124(a)(3) have been posted. The owner or keeper shall pay a $50.00 annual registration fee. The owner or keeper shall be responsi ble for maintaining, with the city clerk, the address of the owner or keeper and of the dangerous animal. The owner or keeper shall notify the city clerk within seven (7) days of a change in address for the owner or keeper and of the dangerous animal.

(5)          Confinement. All dangerous animals shall be kept confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided herein. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides.  All structures used to keep dangerous animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. The sides of said structure shall be built so that no part of said animal may extend through to the outside of the structure, and so that no part of the human body may extend through to the inside of the structure. It shall be unlawful for any owner or keeper to allow a dangerous animal to be outside of the dwelling, pen, kennel, or structure unless the dangerous animal is securely muzzled and restrained with a leash not exceeding four (4) feet in length and under the direct control and supervision of the owner or keeper of the dangerous animal. The muzzle shall be made and used in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

(6)          Reporting. The owner or keeper of a dangerous animal shall immediately notify the police department if the animal is loose, unconfined or missing or has attacked another animal or a human being.

(Code 1985; Ord. 1214; Ord. 1335)

(a)      It shall be unlawful for any person to violate the provisions of this Article. Any person found guilty of violating the provisions of this Article shall be assessed, fined, and the animal disposed of, as provided below:

(1)          Failure to Register. Any dangerous animal that is not registered as required pursuant to this Article shall be impounded by an animal control or a law enforcement officer. In addition to all costs for impoundment, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine. For a second offense within twenty-four (24) months, in which the animal is not registered as required pursuant to this Section, in addition to all costs for impoundment, the owner or keeper shall pay a Five Hundred Dollar ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the animal, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said animal. The judge shall have no authority to suspend the fine, penalty or any portion thereof

(2)          At-Large. Any dangerous animal that is at-large in violation of this Article shall be impounded by an animal control officer or a law enforcement officer. In addition to all costs for impoundment, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine. For a second offense within twenty-four (24) months, in which the animal is at-large in violation of this Article, in addition to all costs for impoundment, the owner or keeper shall pay a Five Hundred Dollar ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the animal, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said animal. The judge shall have no authority to suspend the fine, penalty or any portion thereof.

(3)          Attack on Human. If any dangerous animal shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing, a human being, the owner or keeper shall pay a Five Hundred Dollar ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the animal, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy the animal. The judge shall have no authority to suspend the fine, penalty or any portion thereof.

(4)          Attack on other animal. If any dangerous animal shall kill or wound, or assist in killing or wounding, any animal, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine, and the animal control officer or law enforcement officer is empowered to impound the animal, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said animal. The judge shall have no authority to suspend the fine, penalty or any portion thereof. Ifthe owner or keeper of an animal impounded pursuant to this Section shall believe that there shall not have been a violation of the provisions of this Section, such owner may petition the Munici pal Court, on forms approved by the Municipal Judge, praying that the impounded animal not be destroyed. The impounded animal shall not be destroyed pending the resolution of such owner's petition if the petition shall have been filed within five (5) days of impoundment of such animal and notice shall have been delivered within five (5) days of the impoundment of such animal to the Humane Society. The animal shall remain impounded pending the determination of the petition. If the court shall find that there shall not have been a violation, such animal shall be released to the custody of the owner or keeper upon the payment of the expenses of impoundment by the owner or keeper.

(5)          In addition to the fines provided in this Section, the Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Article to serve up to a maximum of six (6) months in jail.

(Code 1985; Ord. 1214; Ord. 1335)