§ 14-31. Animals putting persons in fear or being maintained as public nuisance.

(a)

Pursuant to Charter authority at section 1(47) to regulate or prohibit the keeping or running at large of any animal or fowl, this chapter regulates the possession of all animals and fowl in this city and seeks to balance the consequences of the exercise of such privilege of possession with the right of all citizens to enjoy a normal urban environment free of reasonable fear or dogs or other animals possessed within this city.

(b)

No person shall own, keep or harbor any dog or other animal that is not securely confined, which by attempting to bite, jump upon, charge toward or otherwise threaten any other person shall cause such other person to have a reasonable fear of immediate serious physical injury. Any person cited pursuant to this subsection may state as a defense subject to proof that the threatening behavior of the animal was instigated or provoked by the complainant or that the fear expressed by the complainant was not a reasonable fear of immediate serious physical injury, and the court shall give any such defense such weight as the court in its judicial discretion finds to be appropriate in the circumstances of the case. Complaints under this subsection may only be lodged by an animal health and public safety officer.

(c)

It shall be a violation to maintain any animal or fowl within the city as a public nuisance as such is defined by the common law of the state, the statutes of the state or the ordinances of this city.

(d)

No person shall own, keep or harbor any dog or other animal or fowl in such manner as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox by any authorized employee of the utility or postal service. Any dog or other animal or fowl so owned, kept or harbored as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox may be removed by the supervisor of animal health and public safety and taken to the animal shelter, where it will be treated as a stray under this chapter.

(e)

It shall be the primary responsibility of the division of animal health and public safety to provide services as enumerated in subsections (a) through (d) of this section; however, in cases of immediate danger of physical injury or death to any persons, the division may call upon police personnel to assist in the handling of situations arising under this section. This section shall not be construed to impose regulation upon animals or fowl exempt from regulation pursuant to sections 14-45 or 14-46, nor shall it be construed to regulate dogs owned by any guard dog services registered as a business with the supervisor of animal health and public safety as provided for in section 14-29.

(Code of Gen. Ords. 1967, § 6.29; Ord. No. 48707, 6-22-78; Ord. No. 58064, 6-27-85; Ord. No. 61987, 1-28-88; Ord. No. 960045, § 1, 2-1-96; Ord. No. 060086, § 1, 2-2-06)