§ 9.16.030. Menacing and aggressive animals.

(a)

It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape.

(b)

Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine it to an enclosure or location which mitigates the aggressive and menacing behavior.

(c)

It is unlawful for any person to permit any animal owned, harbored, or controlled by him to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper.

(d)

For the purposes of this section, the following definitions apply:

(1)

An "aggressive animal" includes, but is not limited to, any animal whose behavior indicates it is prone to unprovoked attacks against a person or other animal.

(2)

A "menacing animal" includes, but is not limited to, any animal which, through its behavior, demonstrates an intention to inflict harm or otherwise places a person in reasonable fear for his or her safety, or the safety of animals kept by him or her.

(3)

"Severe bodily injury" means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears or lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses.

(e)

Penalties for violation:

(1)

One hundred dollars for the first violation.

(2)

Two hundred dollars for the second violation of subsection (a) or (c) within one year.

(3)

Five hundred dollars for each additional violation of subsection (a) or (c) within one year.

(4)

For the purposes of this section, a separate violation of subsection (a) shall be judged to exist for each twenty-four-hour period in which an animal's menacing and aggressive behavior continues unmitigated.

(f)

Liability of Property Owners.

(1)

Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s), be jointly and severally liable for penalties related to violations of subsection (a), provided that they have received at least fourteen days prior written notice of the existence of such violation and the violation has not been abated.

(Ord. No. 3228, § 1, 7-17-12)