6.04.270 Vicious animals.
A. “Vicious animal” means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:
1. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peaceably and lawfully;
2. An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal;
3. An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully;
4. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peaceably and lawfully.
B. It is unlawful for the owner and/or possessor of a vicious animal to maintain the animal within the city limits.
C. In the event that an animal which has been declared or found to be vicious is found to be in the city, and the owner thereof declares that he is entitled to keep such animal within the city, then the owner shall be entitled to a hearing before a hearing committee appointed by the city council, at which hearing it shall be determined:
1. Whether under any circumstances the owner should be allowed to keep the said vicious animal;
2. If allowed, the specific requirements for maintaining the animal; and
3. The specific sanctions for failure of the owner to maintain the animal within and pursuant to the limits set forth.
D. A dog determined to be a vicious dog may be destroyed by the animal control department when it is found after proceedings conducted under Section 6.04.271 that the release of the dog would create a significant threat to the public health, safety and welfare.
If it is determined that the dog found to be vicious shall not be destroyed, the appeals board shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare.
Licensing and registration requirements for a vicious dog which is not destroyed shall be set forth in Section 6.04.273 for potentially dangerous dogs. (Ord. 96-02 (part), 1996; Ord. 89-1 § 3, 1989; Ord. 87-2 § 11, 1987)