§ 8.04.060. Dangerous and vicious dogs.

(a)

No person shall keep or maintain any dog which has been found to be a vicious dog unless such dog is at all times kept in an enclosure. A person may allow a vicious dog out of such enclosure only in the following instances:

(1)

If it is necessary to obtain veterinary care for such dog; or

(2)

If it is required to comply with an order of a court of competent jurisdiction.

In those instances when a vicious dog is permitted herein to be out of the enclosure, such dog must be muzzled or restrained with a chain having a tensile strength of at least three hundred pounds and not exceeding three feet in length and must be under the direct control and supervision of the owner or keeper thereof.

(b)

No owner or keeper of a vicious dog shall sell or give away such vicious dog.

(c)

No person shall allow a dangerous dog to leave the premises of its owner or keeper when not leashed and muzzled.

(d)

Owners and keepers of dangerous or vicious dogs shall be required to post the property upon which such dogs are kept to warn all persons of the presence of such dogs. Such posting shall be by way of a sign or signs which are embossed by light reflective paint upon a contrasting light reflective background with the words "Beware: Dangerous or Vicious Dog Present."

(e)

Dangerous dogs and vicious dogs not kept in compliance with this section are declared a nuisance and any person so keeping such a dog shall be guilty of creating or maintaining a public nuisance.

(f)

Guide or support dogs, guard or sentry dogs and dogs owned by a law enforcement agency are exempt from the provisions of this section while the dog is performing the duties for which it is trained and for which it is being used.

(g)

The city attorney or any resident of the city may file a complaint under this chapter to enjoin all persons from creating or maintaining a nuisance as herein declared. Upon the filing of such complaint in the district court, the court, if satisfied that a nuisance may exist, shall grant a preliminary injunction with bond in such amount as the court may determine, nuisance is established, the owner of such dog shall be in violation of this section and, in addition, the court shall enter an order restraining the owner or keeper from maintaining such nuisance. In a case where the court determines that a dog is vicious, the court shall order the dog to be humanely dispatched; and, in any case where the court determines that the nuisance involves a dangerous dog, the court may order the dog to be humanely dispatched.

(Ord. 393 (part), 2000).