§ 5-11. Disposition of attacking, biting, injuring animals.

(a)

Any animal which attacks, bites or injures a human being or other domestic animal without adequate provocation, shall be taken up and impounded by the animal control officer at the animal shelter so designated by the city or licensed veterinarian of the owner's choice, for a period of ten (10) days, the expense thereof, to be borne by the owner of such animal.

(b)

If the animal has proof of current rabies vaccination, and the victim of the attack, bite or injury requests, the animal control officer may allow the animal to be securely and safely housed with it owners for the duration of the ten-day observation period.

(c)

If within such period of ten (10) days the animal develops symptoms of rabies, then it shall be killed in a humane manner.

(d)

If the animal does not develop symptoms of rabies at the end of such ten-day period, then it may be returned to the owner upon payment of boarding fees. The animal may be returned earlier if certified by a licensed veterinarian to be free of rabies. The provisions of this section do not apply to cats in the TNR program.

(1)

Feral cats, covered by the TNR program, which attack, bite or injure a human being or other domestic animal without adequate provocation will not be returned to the program. These animals may be adopted by someone who will care for them in a non-urban environment, or they will be killed humanely.

(e)

If the owner does not claim the animal within seven (7) days after the expiration of such ten-day period, it shall be disposed of as provided for in this chapter.

(f)

If, based on a public safety concern, the police department can show cause that any animal should not be released pursuant to subsection (d), the municipal court will authorize that the animal be held until an action or disposition in court authorizes the release.

(g)

If the owner, or person in control, of an animal is adjudicated as harboring a vicious animal, and the city can show cause that the release of the animal would create a continuing public safety hazard, the municipal court may authorize that the animal be permanently removed from the city limits, or killed humanely.

(Ord. No. 10811, § 1(VIII), 3-21-88; Ord. No. 11831, § IV, 4-1-2008; Ord. No. 12167 , § I, 8-17-2015)