§ 6-1-6. Owning, harboring, keeping, or sheltering vicious animals and animals exposed to rabies prohibited; disposition or release of animal having attacked, bitten or scratched a person or animal; surrender of animal.

(a)

It shall be unlawful for any person to own, harbor, keep or shelter a vicious animal, as defined in section 6-1-1 of this Code, or an animal that has been attacked, bitten or scratched by any animal known to have been afflicted with rabies.

(b)

Any person who owns, harbors, keeps or shelters an animal which has contracted rabies, or which has been exposed to rabies, including being sheltered in the same enclosure with a known rabid animal, or which has been suspected by a competent authority of having rabies, shall produce and surrender such animal to the Animal Control Division, upon demand of the Animal Control Division or of the Police Department, or to such place as may be designated by the City, to be detained for the purpose of clinical observation of rabies for a period as may be determined by the Animal Control Division.

(c)

Any person who owns, harbors, keeps or shelters an animal which has attacked, bitten, or scratched a person or has been attacked, bitten, or scratched by another animal, showing the symptoms of rabies, shall have the duty and responsibility to immediately notify the Animal Control Division that he or she has such an animal in his or her possession. Further, it shall be unlawful for any person, without the knowledge and approval of the Animal Control Division, to release, sell, transfer, or cause to be euthanized any animal which has contracted rabies, or which has been exposed to rabies, including being sheltered in the same enclosure with a known rabid animal, or which has been suspected by a competent authority of having rabies, or that is known or suspected to have attacked, bitten, or scratched a person or other animal.

(d)

Upon investigation and subsequent determination by the Animal Control Division that a person has been attacked, bitten, or scratched by an animal, any person who owns, harbors, keeps or shelters such an animal shall have the duty and responsibility to surrender the animal, upon demand, to the Animal Control Division, or upon approval of the Animal Control Division, to a licensed veterinarian or any nonprofit corporation licensed for the purpose of sheltering animals, for the purpose of detention and clinical observation for rabies. The observation period shall be for a period of not less than ten (10) days from the date of the attack, bite or scratch. The owner of the animal shall bear the cost of the care, feeding, and maintenance of a quarantined animal. In cases of animal pregnancy or illness, animals may be quarantined, at the discretion of the Animal Control Division, on the owner's property. Any animal subject to quarantine shall not be vaccinated before the quarantine period has expired.

(e)

It shall be unlawful for a person, upon demand of the Animal Control Division or of the Police Department, to fail to surrender an animal that has attacked, bitten, or scratched a person or animal within twenty-four (24) hours after the animal has attacked, bitten, or scratched a person to the Animal Control Division, or upon approval of the Animal Control Division, to a licensed veterinarian or any nonprofit corporation licensed for the purpose of sheltering animals, for the purpose of detention and clinical observation for rabies.

(f)

The Animal Control Division may authorize the owner of an animal that has attacked, bitten, or scratched a person or animal to confine the animal to his or her residence or other suitable place for the clinical observation period for rabies. Where confinement is authorized under this subsection, the animal shall be confined in a secure pen, with an asphalt, concrete or wood floor, with a closed top, and locked gate, assuring that the clinical observation period will be completed with the animal still confined. Further, during this confinement the animal shall only be allowed outside of the pen where the animal is under restraint.

(Ord. No. 04-04, § 1, 1-30-04)