For purposes of this chapter a vicious animal shall include:

(a)      Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

(b)     Any animal which has bitten or attacked more than one person or domestic animal, except that it shall be a defense to such a finding that the person or animal so bitten was trespassing on the property of the person who owns or harbors such dog at the time of the bite or attack; or

(c)      Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;

(d)     Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty.

(e)      As used in this article vicious propensity means a known tendency or disposition to approach any individual or domestic animal in an attitude of attack when there is no provocation.

(Ord. 469; Code 2001)

It shall be unlawful for any person to keep or harbor any vicious or dangerous animal within the City of Goddard.

(Ord. 469; Code 2001)

(a)      Whenever a sworn complaints filed in the municipal court against the owner of an animal alleging that such animal is vicious and in violation of this section, the municipal judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this section and thereby in violation of this section. The owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In determining whether an animal is vicious, the municipal judge shall consider:

(1)          The seriousness of the attack or bite;

(2)          Past history of attacks or bites;

(3)          Likelihood of attacks or bites in the future;

(4)          The condition and circumstances under which the animal is kept or confined;

(5)          Any other factor which the court determines is reasonably related to whether or not the animal is vicious.

(b)     The municipal judge shall order the impoundment of the animal accused of being in violation of this section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment is not possible the municipal judge may order the animal immediately destroyed.

(Ord. 469; Code 2001)

Nothing in this chapter shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.

(Ord. 469; Code 2001)

If a complaint has been filed in the municipal court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. The municipal judge may, upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.

(Ord. 469; Code 2001)