§ 4-62. Violations; destruction of animals; limitations on imposition of penalties.

(a)

Upon a finding by a court of competent jurisdiction that an animal is a vicious animal, such animal shall be confiscated by the animal control officer and, upon order of a court of competent jurisdiction, destroyed in an expeditious and humane manner if the animal:

(1)

Is outside of its dwelling, or outside of its enclosure in violation of the provisions of this article;

(2)

Is not tattooed or otherwise permanently marked;

(3)

When unprovoked, kills, wounds, or assists in killing or wounding a domestic animal; or

(4)

When unprovoked, attacks, assaults, wounds, bites or otherwise injures or kills a human being.

(b)

If a vicious animal commits any of the acts described in subsection (a) of this section, the owner of such animal shall be guilty of an offense, provided that the animal, prior to the offense alleged, had been declared to be a vicious animal pursuant to the provisions of this article.

(Ord. No. 2007-06, art. VII(F), 8-9-2007)