Fayette Dangerous or Aggressive Animals ordinance (§ 205.110)

A. No person shall own, keep, harbor or allow to be in or upon his/her premises any dangerous or aggressive animal unless it is confined in accordance with the provisions of this Section. A dangerous or aggressive animal is:

1. Any animal which, when unprovoked, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon any street or other area used by the public or dedicated to public use;

2. 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;

3. Any animal which bites, inflicts injury, assaults or otherwise attacks a domestic animal or human being without provocation on any property;

4. Any animal owned or harbored primarily or in part for the purpose of fighting or any trained for fighting; or

5. Any animal which habitually snaps at, growls or otherwise manifests a disposition to bite, attack or injure any person or domestic animal or pet.

B. An animal is not a dangerous or aggressive animal if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the keeper or owner of the animal, or was teasing, tormenting, abusing or assaulting the animal, or was committing or attempting to commit a crime or violation of a municipal ordinance.

C. An animal is not a dangerous or aggressive animal if any injury or damage sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the animal. An animal is not a dangerous or aggressive animal if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.

D. Initial determination as to whether an animal is dangerous or aggressive or not shall be made by the officer issuing the ticket or other City of Fayette employee, based upon the circumstances which led to the complaint. If the animal has bitten a person, it shall be impounded for ten (10) days, after which it will be examined by a licensed veterinarian to verify the animal is free of rabies.

E. Dangerous or aggressive animals shall be securely confined indoors or in a securely enclosed and locked kennel or cage. The kennel or cage shall be of size appropriate to the size of the animal kept therein and shall provide adequate ventilation, shade from the sun and protection from the elements. In the event of a dispute over the appropriate size, the guidelines of the United States Department of Agriculture shall apply. The kennel or cage must have secure sides and a secure top attached to the sides. Such kennel or cage must have a secure bottom or floor attached to the sides or the sides must be embedded into the ground. The kennel or cage must be locked with a key or combination lock when such animals are within the structure. Any such kennel or cage must be located at least ten (10) feet from any property line and must comply with all zoning and building regulations of the City. Kennel for dangerous or aggressive dogs must be at least six (6) feet in height and, unless a secure bottom or floor attached to the sides, the sides must be embedded in the ground no less than two (2) feet.

F. When confined indoors no dangerous or aggressive animal may be kept on a porch, patio or in any part of a house, building or structure that would allow the animal to exit such building on its own volition. No such animal may be kept in a house, building or structure when the windows are open. No dangerous or aggressive dog may be kept in a house, building or structure when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

G. No person shall permit a dangerous or aggressive animal to go outside its kennel, cage, or secure structure unless that person has the animal securely leashed on a leash no longer than four (4) feet in length and that person has physical control of the leash. Such animals shall not be leashed to inanimate objects such as trees, posts, buildings, etc. Additionally, all such animals on a leash outside the animal's kennel, cage or secure structure must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.

H. A sign or signs shall be conspicuously posted upon the kennel or cage of any dangerous or aggressive animal with letters at least two (2) inches high containing a warning to beware of the dangerous or aggressive animal.

I. Any animal that has been deemed by the courts to be dangerous or aggressive that is not confined in accordance with this Section may be impounded by an Animal Control Officer.

J. Violations And Penalties. Any person violating or permitting the violation of any provision of this Section shall be subject to the general penalty set forth in Section 205.300 of this Chapter. Upon conviction of any person in violation of this Section, the Municipal Judge may, in addition to the usual judgment, order the animal impounded and, if appropriate, that the animal be euthanized.