(a)   A dangerous animal, as used in this article, shall mean:

(1)   Any animal which attacks, bites, or causes injury to any human or attacks, bites, or kills a domestic animal; or

(2)   Any uncontained or unconfined 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.

(b)   Notwithstanding anything to the contrary herein, no animal shall be deemed "dangerous" if any prescribed 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.

(c)   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.

(d)   In the event the animal control officer has probable cause to believe that an animal is dangerous, as defined by subsection (a), a notice to appear in municipal court will be issued to the animal's owner and the animal may be immediately impounded until released by the municipal court.

(1)   As an alternative to impoundment, officer may allow animal to be kept confined as outlined in subsections (f)(3) (A), (B), and (C) below.

(e)   At the hearing in municipal court, the city shall have the burden of proof to show by clear and convincing evidence that the animal is dangerous pursuant to Subsection A 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 and as to the appropriate disposition of the animal.

(f)   At the conclusion of the hearing, the municipal judge shall determine whether the animal is dangerous pursuant to subsection A. If a determination is made that the animal is dangerous, the municipal judge shall decide whether:

(1)   the animal shall be destroyed, disposed of in a humane manner by order of the municipal court judge and if no proof of rabies vaccination is available, the head will be sent for proper testing all at the owner's expense.

(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 following provisions and registration requirements:

(A)  Leash and muzzle. No person shall permit a dangerous animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length and is in control of a physically capable person. No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animal may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, any dangerous animal on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.

(B)  Confinement. All dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine any dangerous animal 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 feet. All structures erected to house any dangerous animal must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(C)  Confinement indoors. No dangerous animal 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. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

(D)  Signage. Dangerous animals shall also have "dangerous animal" signs posted on the front and rear of the property.

(E)   Insurance. All owners, keepers or harborers of dangerous animals must within ten (10) days of conviction provide to the animal control officer or designated person of City of Louisburg proof of public liability insurance in a single incident amount of $1,000,000 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. The City of Louisburg shall be named as additionally insured on the policy. The insurance policy will provide that no cancellation will be made unless ten (10) days written notice is first given to the director of animal control or designated person of City of Louisburg.

(F)   Identification photographs. All owners, keepers or harborers of dangerous animals must within ten (10) days of conviction provide to the animal control officer or designee City of Louisburg, two color photographs of the registered animal clearly showing the color and approximate size of the animal. Updated photographs must be provided each year by January 31.

(G)  Microchip and tags. All owners, keepers or harborers of dangerous animals must within ten (10) days of conviction, purchase a City animal tag and microchip the animal and provide microchip information to the animal control officer or designated person of City of Louisburg to register the animal as dangerous. The owner or keeper of the dangerous animal shall be responsible for all costs associated with the identification requirements. All canines in this category shall obtain these identifiers upon the animal reaching one hundred twenty days (120) of age. Owner must maintain updated City tags for the animal each year by January 31.

(H)  Spaying/neutering. All owners, keepers or harborers of dangerous animals must within ten (10) days of conviction, spay or neuter the animal and provide proof of sterilization to the animal control officer or designated person of City of Louisburg. The owner or keeper of the dangerous animal shall be responsible for all costs associated with the sterilization requirements. All canines in this category shall be sterilized upon the animal reaching one hundred twenty days (120) of age.

(I)    Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a dangerous animal registered with the city to any person within the city unless the recipient persons resides permanently in the same household and on the same premises as the registered owner of such animal; provided that the registered owner of a dangerous animal may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the city. Information for the new owner or harborer shall be provided to the City of Louisburg.

(J)   Location. No dangerous animal may be maintained within four hundred feet of a school, park, or public playground, or licensed daycare, the last of which must have been licensed prior to the animal being deemed dangerous.

(K)  Owner’s Age. No person under the age of eighteen shall own or possess any dangerous animal within the city limits.

(L)   Failure to comply. It shall be unlawful for the owner, keeper or harborer of an animal deemed by the municipal court to be a dangerous animal to fail to comply with the keeping requirements and conditions set forth in this article. Any animal found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment. In addition, failure to comply with the provisions of this article is deemed a separate offense. Upon conviction, the court shall order the revocation of the license of such animal resulting in the immediate removal of the animal from the city or immediate disposal in a humane manner.

(4)   the owner shall provide proof of death, transfer, sale, or relocation of the animal outside of the city within thirty (30) days thereof to the City of Louisburg, after which the owner will be released from requirement to maintain the list above.

(g)   An animal that has been deemed dangerous in municipal court, and that has caused any serious injury to, or killed any person or domesticated animal, or is returned within the city limits after having been sold, transferred, or disposed of pursuant to subsection (I) above, shall be impounded by the city. The animal shall then be euthanized and disposed of in a humane manner by order of the municipal court judge or the chief of police, and if no proof of rabies vaccination is available, the head will be sent for proper testing all at the owner's expense.

(Ord. 1166; Ord. 1191; Ord. 1196)

If, upon the hearing provided for in Section 2-301, the municipal judge decides that a dog is vicious and liable to bite and attack persons within the corporate limits of this city or has bitten or attacked any person, the municipal judge shall order and direct that said dog be euthanized and disposed of in a humane manner at the owner’s expense.

(Ord. 1166; Ord. 1192)

Whenever the municipal judge of this city orders and directs that any animal be euthanized and disposed of in a humane manner because of the animal being vicious or having bitten or attacked persons, the chief of police or designee shall dispatch or cause the animals to be dispatched wherever the same may be found within the corporate limits of the city.

(Ord. 1166)