In the event that the Animal Control Officer has probable cause to believe that an Animal is dangerous, the Municipal Court Judge shall be empowered to convene a hearing for the purpose of determining whether or not the Animal in question should be declared a Dangerous Animal.  The Animal Control Officer may order the dog to be impounded at a licensed Veterinary Hospital or humane society pending the determination of whether the Animal is a Dangerous Animal. The Owner of the Animal shall be liable for the costs of keeping such Animal. If the identity of the Owner of the Animal is known, the Animal Control Officer shall notify the Owner that the hearing will be held. The hearing before the Municipal Court Judge will allow evidence to be presented that the Animal is dangerous and at which time the Owner of the Animal may present evidence to rebut evidence presented by the City and present such other evidence as may be relevant. The failure of the Owner to attend or participate in the hearing shall not keep the Municipal Court Judge from making the appropriate determination concerning the Animal. The hearing shall be held promptly, within no less than five (5) nor more than fourteen (14) days after service of notice upon the Owner of the Animal. The City shall have the burden of proof to show that the Animal is dangerous pursuant to this Article. After the hearing, the Owner of the Animal shall be notified in writing of the determination. If a determination is made that the Animal is a Dangerous Animal, the Owner shall comply with the provisions this Article.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Any Animal that has been determined by the Municipal Court Judge to be a Dangerous Animal as defined in this Article shall be subject to disposition in the discretion of the Municipal Court Judge.  The following instances shall create a rebuttable presumption that the animal shall be destroyed: 

(a)   If the Animal has attacked a human without Provocation and which the injuries inflicted required surgical suturing or hospitalization.

(b)   If the Animal has attacked a human or a Domestic Animal without Provocation on two or more occasions and if in each such attack the Animal has bitten or inflicted any injury upon the Person or Domestic Animal. 

(c)   If during any impoundment of an Animal it is determined that the Animal has such a vicious propensity that it creates an unreasonable hazard of danger to the general public in the event of its release or escape from confinement.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Any Animal deemed a Dangerous Animal by the Municipal Court Judge shall be impounded for a period of ten (10) days to allow for an appeal to the district court before the disposition order is acted upon.  Any appeal shall stay the order of the Municipal Court Judge.  The Owner shall be responsible for all boarding costs pending appeal and through final disposition of all legal proceedings.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

No Animal determined to be a Dangerous Animal pursuant to this Article shall be returned to its Owner or kept within the City unless under the terms of a Dangerous Animal Agreement.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Any Person Owning or harboring a Dangerous Animal must enter into a written agreement with the Animal Control Officer outlining the requirements of keeping a Dangerous Animal. The Animal Control Officer, at their discretion, shall be authorized to modify or waive any of the following requirements if deemed unnecessary under the circumstances.

(a)   Annual Registration.  The Owner of a Dangerous Animal shall annually register the Dangerous Animal with the Newton Police Department on such forms designated by Newton Police Department and shall have the Dangerous Animal microchipped by a licensed veterinarian so that the microchip is traceable to both the Dangerous Animal and the Owner. The Animal Control Officer shall review the annual registration forms and must approve prior to obtaining a City issued Identification Collar. The Owner shall pay a $100.00 annual Dangerous Animal Registration fee to the City of Newton in place of the registration requirements in Section 3-401 and shall be responsible for the costs of the microchip procedure.

(b)   Identification Collar.  The Owner shall affix a City-issued “Dangerous Animal” collar that must be worn by the Animal at all times and renewed annually.

(c)   Insurance.  All Owners of Dangerous Animals must provide proof of public liability insurance in a single incident amount of $100,000.00 for bodily injury to or death of any Person or Persons or for damage to Property associated with the Ownership or keeping of such animal. The insurance policy will provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the Newton Police Department. A copy of the Insurance Policy shall be provided to the Animal Control Officer as part of the Annual Registration.

(d)   Leash and Muzzle. No Person shall permit such Animal to go outside its Kennel or pen unless such Animal is securely leashed with a leash no longer than four (4) feet in length. No Person shall permit such Animal to be kept on a chain, rope or other type of Tether outside its Kennel or pen unless the Owner or another person listed in the Annual Registration is in physical control of the leash. Such Animal may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, any such Animal on a leash outside the Animal’s Kennel must be muzzled by a muzzling device sufficient to prevent such Animal from biting Persons or other Animals.

(e)   Confinement.  All such Animals shall be securely confined indoors or in a Dangerous Animal Enclosure, except when leashed and muzzled as above provided. The Dangerous Animal Enclosure shall be approved by the Animal Control Officer annually as part of the Annual Registration.

(f)   Confinement Indoors.  No such Animal may be kept on a porch, patio or in any part of a house or structure that would allow the Animal to exit such building on its own volition. In addition, no such Animal may be kept in a house or structure when the windows are open or when screen windows or screened doors are the only obstacle preventing the Animal from exiting the structure.

(g)   Signage.  All Owners, keepers or Harborers of such Animals within the City shall display in a prominent place on their Premises a sign easily readable by the public using the words “Beware of Dog” or such other words of warning as shall be designated by the Animal Control Officer. In addition, a similar sign is required to be posted on the Kennel or Enclosure of such Animal.

(h)   Identification Photographs.  All Owners must file, with the Newton Police Department, current color photographs of each Animal which have the date of the photographs marked thereon and which clearly show the color, markings and approximate size of the Animal. Further, all Owners of such Animals must provide two (2) current replacement photographs meeting such specifications in relation to the renewal of the license for such Animal.

(i)    Restrictions on Sale or Transfer of Ownership. No Person shall transfer such Dangerous Animal to any other Person within the City unless the Person taking possession of such Animal first files with the Animal Control Officer a written agreement to confine and control such Animal as herein provided. 

(j)    Reporting Requirements. All Owners of such Animals must report the following information in writing and within ten (10) days of the occurrence to the Newton Police Department as required hereinafter:

(1)   The removal from the City or death of any such Animal;

(2)   The new address of the Owner should such Person move to another location within the corporate City limits.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Nothing in this Article shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

It shall be unlawful to fail to comply with the terms and conditions of an active Dangerous Animal Agreement. 

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

It shall be unlawful to allow a Dangerous Animal to be At-Large.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

It shall be unlawful to allow a Dangerous Animal to attack, assault, wound, Bite, or otherwise injure or kill, or assist in such injury or killing of a human being or animal.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

It shall be unlawful for any Person to violate the provisions of this Article. Any Person found guilty of violating the provisions of this Article shall be subject to a term of confinement in the City or County jail which shall be fixed by the Court and shall not exceed one (1) year. The fine prescribed shall be an amount not less than $250; and no more than $1,000.  In addition, the Court shall order the Animal confiscated and shall have the discretion to order the disposition of the Animal.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)