§ 462.305. Destruction of property and biting.

Except where an exemption under Section 462.403 applies:

(a)

No owner or person having temporary custody of an animal(s) shall permit the animal(s), either willfully or through failure to exercise due care or control (for purposes of this Section an animal on a leash or tether longer than eight feet shall be considered failure to exercise due physical control), to destroy or damage the property of another including, but not limited to, the unprovoked biting, attacking or wounding of another person's animal(s).

(b)

No owner or person having temporary custody of an animal(s) shall permit, either willfully or through failure to exercise due care or control, the animal(s) to bite, attack or wound a human.

(c)

A violation of this Section, shall subject the violator to a civil fine of not less than the amount designated in Chapter 462, Part 18. Each separate incident is considered a separate violation. The animal control officer may cite the owner or custodian of the animal(s) for a violation of such Section when either the animal control officer has received, from two or more unrelated adult witnesses from different residences, or from one adult witness with a recorded video showing the alleged violation, a sworn affidavit attesting to the act of destruction of property or biting pursuant to this Section, or the citing animal control officer has directly observed the commission of such a violation.

(d)

The provisions and penalties of this Section shall be separate from and in addition to the provisions of Part 4 regarding dangerous dogs.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 4; Ord. 2016-405-E , § 1)