23-8-104. PENALTIES FOR VIOLATION.
(1) Any vicious dog which does not have a valid license in accordance with the provisions of this chapter; or
a. Whose owner or keeper does not secure the liability insurance coverage required in accordance with Section 23-8-101; or
b. Which is not properly controlled or confined in an enclosure, as required by Section 23-8-102; or
c. Which is found to be outside of the dwelling of the owner or keeper, or outside of an enclosure except as provided in this chapter; or
d. Which is found not wearing the collar required by Section 23-8-101(1)(e) of this chapter; or
e. Which is not tattooed;
(2) shall be impounded by an Animal Control Officer or Police Officer, and the owner or keeper shall be guilty of a Class B misdemeanor.
(3) If any dog that has been declared vicious pursuant to the provisions of this chapter shall, when unprovoked, kill, wound, or worry or assist in killing or wounding or worrying any animal, the Animal Control Division or Police Department is empowered to impound and, after the expiration of a ten-day appeal period, exclusive of weekends and holidays, shall destroy the vicious dog, if an appeal of the violation has not been made. Appeals shall be made in writing to the Animal Control Division, and shall be made pursuant to Section 23-3-105 of this Code.
(4) If any dog that has been declared vicious pursuant to the provisions of this chapter shall, when unprovoked, attack, assault, wound, bite, or otherwise injure or kill a human being, the Animal Control Division or Police Department is empowered to impound and, after the expiration of a ten-day appeal period, exclusive of weekends and holidays, shall destroy the vicious dog, if an appeal of the violation has not been made. Appeals shall be made in writing to the Animal Control Division, and shall be made pursuant to Section 23-3-105 of this Code.