CHAPTER IV. ANIMALSCHAPTER IV. ANIMALS\ARTICLE 4. ANIMAL CONTROL

If necessary to avoid loss of life, serious injury, or substantial damage to property, an animal control officer or any other law enforcement officer may destroy any animal forthwith.

(Ord. No. 2014-3076, § 2, 7-16-2014)

It shall be unlawful for any possessor of any animal to permit such animal to be at large as defined by section 4-101.

(Ord. No. 2014-3076, § 2, 7-16-2014)

Any animal running at large within the city shall be apprehended by an animal control officer and impounded, unless the animal control officer is unable, with reasonable effort, to apprehend the animal, or the taking of the animal will likely result in a breach of the peace.

(Ord. No. 2014-3076, § 2, 7-16-2014)

When an animal control officer or law enforcement officer has reason to believe that any animal poses an immediate danger to the public or to itself, or is not receiving humane treatment, or may be a vicious, dangerous, or potentially dangerous animal as defined by this chapter, or may be an annoyance to the public or injurious to the health, well-being and welfare of the inhabitants of the city, or may have an adverse impact on properties in the area or constitute a blight to adjoining property, the neighborhood, or the city, such as to constitute a nuisance, the animal control officer or a law enforcement officer may, in her or his discretion, take custody of the animal and impound it.

(Ord. No. 2014-3076, § 2, 7-16-2014)

In addition to any other remedies provided by city ordinance, nuisance abatement proceedings may be undertaken with respect to any animal that is determined by the animal control officer to be an annoyance to the public and injurious to the health, well-being and welfare of the inhabitants of the city, or which may have an adverse impact on properties in the area or constitute a blight to adjoining property, the neighborhood, or the city. Any such proceeding shall be conducted in accordance with the procedural requirements for other nuisances as set forth in Concordia Code section 13-101.

(Ord. No. 2014-3076, § 2, 7-16-2014)

Every female animal in heat shall be kept confined to the possessor’s property or in a veterinary hospital or boarding kennel, in such manner that such female animal cannot come in contact with another animal, except for intentional breeding purposes.

(Ord. No. 2014-3076, § 2, 7-16-2014)

(a)   It shall be unlawful for any person to possess within the city limits any animal which is in the habit of making noises, by day or night, and disturbing the peace and quiet of any person within the city.

(b)   Upon a final determination or finding by the municipal court, or on any appeal therefrom, that any animal has disturbed the peace and quiet of any person, the court, in addition to any fine or assessment of costs permitted by this chapter, may order that such animal shall be muzzled or that the possessor shall take other appropriate remedial action specified by the court to control the noise caused by such animal; or that such animal shall be permanently removed from the city.

(Ord. No. 2014-3076, § 2, 7-16-2014)

(a)   It shall be unlawful for any person to possess any vicious animal within the city, and it shall be lawful for any person, or any person on behalf of such person, to kill such animal when in apparent danger of being bitten or otherwise attacked.

(b)   The term “vicious animal” means any animal which does any act which might endanger the safety of persons or property of others in a given situation. If any animal shall chase or attack any person, that fact shall be conclusive evidence of the viciousness of such animal.

(c)   Any person found guilty of violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine of not more than $500.00.

(d)   Upon a final determination or finding by the municipal court, or on any appeal therefrom, upon complaint duly made, that any animal is vicious, the court, in addition to any fine or assessment of costs permitted by this chapter, may order that the animal be restrained upon such conditions as may be determined the court, or be permanently removed from the city, or be humanely destroyed. The court may order that any such animal be implanted with an identification microchip.

(Ord. No. 2014-3076, § 2, 7-16-2014)

Dangerous animal means any animal that:

(a)   Without provocation, has inflicted substantial bodily harm on a human being on public or private property; or

(b)   Has killed a domestic animal without provocation while off the possessor’s property; or

(c)   Has been found to be potentially dangerous as defined by section 4-50, and after the possessor has been given reasonable cause to know that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals, or chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack.

(d)   Is a dog that has not received a current rabies vaccination, as shown by documentation of such vaccination.

(e)   Is a dog that has the appearance or characteristics of being predominately of a pit bull type breed or a mastiff type breed, or that has been hybridized with a wild canine, with the exception of any such dog that has:

(1)   Earned a Canine Good Citizen certificate from the American Kennel Club; and

(2)   Has not been found to be dangerous in accordance with subsections (a), (b), (c) or (d) of this section

(Ord. No. 2014-3076, § 2, 7-16-2014; Ord. 2016-3107)

Potentially dangerous animal means any animal that has:

(1)   Without provocation, bitten a human or a domestic animal on public or private property; or

(2)   Without provocation, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or

(3)   Has a known propensity, tendency, or disposition to attack, unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

(Ord. No. 2014-3076, § 2, 7-16-2014)

Upon the complaint of any person, after written notice to the person or persons, if any, identified as the possessor of the animal, the judge of the municipal court shall hold an administrative hearing to determine whether the animal is dangerous as defined in section 4-409 or potentially dangerous as defined in section 4-410. Conviction of a possessor of an animal pursuant to section 4-408 or 4-414 shall not be a prerequisite to a proceeding under this section.

(Ord. No. 2014-3076, § 2, 7-16-2014)

Upon a determination that the animal is dangerous as so defined, the judge may enter an administrative order authorizing and directing that the animal be subject to one or more of the following:

(1)   Immediate confiscation and impoundment pending further proceedings.

(2)   Confinement or restriction in such manner as the court determines to be appropriate.

(3)   Permanent removal from the city.

(4)   Implantation with an identification microchip.

(5)   Rabies vaccination.

(6)   Destruction.

(Ord. No. 2014-3076, § 2, 7-16-2014)

Upon a determination that the animal is potentially dangerous as so defined, the judge may enter an administrative order authorizing and directing that the animal be subject to one or more of the following:

(1)   Confinement or restriction in such manner as the court determines to be appropriate.

(2)   Implantation with an identification microchip.

(Ord. No. 2014-3076, § 2, 7-16-2014)

It shall be unlawful for the possessors of an animal defined as dangerous or potentially dangerous to fail to comply with restrictions and conditions ordered pursuant to section 4-412 or 4-413.

(Ord. No. 2014-3076, § 2, 7-16-2014)

Except as stated otherwise in this chapter, any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and punished by a fine not exceeding $500.00.

(Ord. No. 2014-3076, § 2, 7-16-2014)

Any possessor of an animal found to be at large, or a nuisance, or vicious, dangerous, or potentially dangerous, or otherwise impounded for any reason, shall pay to the city all reasonable costs incurred by the city in seizing, impounding, confining, or destroying any such animal. Such costs shall be imposed in addition to any other penalty or restriction imposed.

(Ord. No. 2014-3076, § 2, 7-16-2014)