Section 1. Definitions.
“Vicious dog” as used in this ordinance shall mean and include any dog which by virtue of its breeding, training, characteristics, behavior, or other factors the owner or custodian thereof knows or has reason to know has propensity, tendency, or disposition to attach unprovoked, to cause injury or to otherwise endanger the safety of human beings.
Section 2. Rebuttable Presumption.
There shall be a rebuttable presumption that a pit bull dog is a vicious dog. “Pit bull dog” shall mean:
(a) The bull terrier breed of dog;
(b) The Staffordshire bull terrier breed of dog;
(c) The American pit bull terrier breed of dog;
(d) The American Staffordshire terrier breed of dog; or
(e) Dogs of mixed breed or of other breeds than above listed which breeds or mixed breeds are commonly known as pit bulls, pit bull dogs, or pit bull terriers.
Section 3. Insurance.
The owner or custodian of any vicious dog shall maintain a policy of insurance in an amount not less than fifty thousand dollars ($50,000.00) per incident insuring said person against any claim, loss, damage, or injury to any human being resulting from the acts of such dog. Such person shall produce evidence of the required insurance upon request of a law enforcement officer, dogcatcher, City Council member, or City Administrator. This section shall not apply to dogs kept by law enforcement agencies.
Section 4. Ownership of Certain Vicious Dogs Prohibited.
It shall be unlawful to keep, harbor, own, or in any way possess any vicious dog which either:
(a) attempts to attack, bite, or otherwise do bodily harm to a human being, or
(b) attacks, bites, or otherwise does bodily harm to a human being.
This section shall not apply to either (1) dogs kept by law enforcement agencies, or (2) dogs used to guard or protect public or private property or persons thereon and which have acted in the manner described in this section on the property of the owner or custodian of such dog.
Section 5. Penalty.
A violation under either Section 3 or 4 shall constitute a misdemeanor. Any person convicted of violating Section 4 also may be ordered by the Court to make full or partial restitution to any individual who has suffered bodily injury as the result of an attack by such person’s vicious dog.
Section 6. Disposition of Certain Vicious Dogs.
(a) Any public health officer, law enforcement officer, licensed veterinarian, city dogcatcher, or any officer or agent of a duly incorporated humane society, may take into custody any dog suspected of begin kept by its owner or custodian in violation of Section 4. When a law enforcement agency takes custody of such dog, the agency may place the dog in the care of a duly incorporated humane society or licensed veterinarian for boarding, treatment, or such other care deemed necessary.
(b) Any vicious dog kept in violation of Section 4 may be ordered by the Court destroyed in a humane manner when, in the Court’s judgment, such vicious dog represents a continuing threat of serious harm to human beings. If the Court does not order destruction of the dog, the Court may order the owner or custodian thereof to remove the dog from the City of Mazeppa within 48 hours. Failure to remove such dog within the time allowed by the Court shall constitute a separate violation of Section 4, with such violation of the Court’s order constituting a misdemeanor.
(c) Any person convicted of a violation of Section 4 may be assessed by the Court as costs all expenses for the care, treatment, boarding, or other expenses necessitated by the seizure of any dog for the protection of the public, including all expenses for the humane destruction of such dog by order of the Court.