A. Purpose.
1. Dangerous and At-Risk dogs found within the boundaries of Ada County present a risk to the health, safety, and welfare of persons and other animals. The purpose of this Section is to provide policies and procedures for the safe management of Dangerous and At-Risk dogs to promote the public health, safety, and welfare, while also promoting the humane and ethical treatment of animals.
B. Procedure for Designating a Dog as Dangerous or At-Risk.
1. If an Animal Control Officer has probable cause to believe a dog is Dangerous or At-Risk, as those terms are defined in this Chapter, the Officer shall have authority to designate the dog as Dangerous or At-Risk and shall serve a written Notice of Designation on the owner of the dog. An Animal Control Officer shall have authority to designate an animal regardless of whether or not an owner has been charged with a crime related to an unprovoked animal attack. The Notice of Designation shall:
a. Be personally served on the owner by an Animal Control Officer or other authorized person.
b. Identify whether the dog is being designated as Dangerous or At-Risk;
c. Identify the date on which the officer determined the dog to be Dangerous or At-Risk;
d. Provide a description of the factual circumstances and events that support the officer's decision to designate the dog as Dangerous or At-Risk;
e. Provide a clear description of the dog such that it can be identified, a photograph of the dog is encouraged;
f. Provide notice that the owner may petition the Animal Control Agency to review the Officer's decision to designate the animal as Dangerous or At-Risk;
g. Provide notice that the Officer's designation decision shall become final after ten (10) business days if the owner fails to petition the Animal Control Agency to review the Notice of Designation;
h. Provide notice that owners of a dog designated as At-Risk or Dangerous may either keep the dog in their possession and be subject to the restrictions the Animal Control Agency puts in place for the keeping of such dogs, or may voluntarily relinquish custody of the dog to the Animal Control Agency; and
i. Provide notice that the final disposition of a dog voluntarily relinquished to, or seized by, the Animal Control Agency pursuant to this Section may be adoption or euthanasia, and this decision shall be in the sole discretion of the Animal Control Agency.
2. No dog may be designated as Dangerous or At-Risk when, at the time an injury or damage was sustained, the precipitating cause constituted justified provocation.
3. An Animal Control Officer has the authority to seize and impound a dog that has been determined, by an Animal Control Officer, to be:
a. Dangerous; or
b. Present an ongoing risk.
4. When an Animal Control Officer designates a dog as At-Risk the Animal Control Officer shall have authority, but is not required, to seize and impound the dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs, the Officer shall provide notice to the owner of the requirements and restrictions for keeping At-Risk dogs as provided in this Section.
5. If an owner chooses to petition the Animal Control Agency to review the Officer's designation decision, the owner shall be responsible for any fees associated with boarding and caring for the animal during the time the petition and any additional proceedings are pending, as well as any fees associated with processing and considering the petition.
C. Any owner that receives a Notice of Designation shall be permitted to appeal that designation as an affected person as provided in this Chapter.
D. Keeping Dangerous Dogs: The owner of a dog designated as Dangerous, or a new adoptive owner of a dog designated as Dangerous prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of Ada County:
1. The dog shall be licensed pursuant to the provisions of this Chapter.
2. The owner shall be required to have a microchip implanted in the dog that allows for identification of the animal and the owner shall be required to report the microchip number to the Animal Control Agency.
3. The owner shall be required to procure and maintain liability insurance of not less than one hundred fifty thousand dollars ($150,000) in the case of a dog that is designated as Dangerous based on an attack or injury inflicted on any person, or twenty thousand dollars ($20,000) in the case of a dog that is designated as Dangerous based solely on attacks or injuries inflicted on animals but not people, that covers any damage or injury that may be caused by such Dangerous dog; the County shall be named as an additional insured on this policy for the purpose that the County Clerk, or other licensing authority, will be notified by the insurance company if the policy is cancelled, terminated, or otherwise expires.
4. The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the Agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the Animal Control Agency. Failure to improve the enclosure shall result in the inability of the owner to keep the Dangerous Fog.
5. The owner shall be required to post signs on their property that announce to other persons that there is a Dangerous Dog on the property. Such signs must be placed at any potential entrance point to the yard or home (such as at gates, doors, and on the enclosure where the dog is kept), and must include words indicating the presence of a "dangerous" dog. A sign merely stating "Beware of Dog," without also identifying the dog to be "dangerous," "vicious" or some substantially similar word indicating the dog's propensity for aggression shall be insufficient.
6. In the event the owner takes the dog off their property, the dog shall be on a leash no greater than three (3) feet in length, and the dog shall also be required to wear a muzzle. The leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within Ada County including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner.
7. The owner shall be required to spay or neuter the dog.
8. The owner shall be obligated to schedule and obtain annual inspections of the dog by the Animal Control Agency.
E. Keeping At-Risk Dogs: The owner of a dog designated as At-Risk, or a new adoptive owner of a dog designated as At-Risk prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of Ada County:
1. The dog shall be licensed pursuant to the provisions of this Chapter;
2. The owner shall be required to have a microchip implanted in the dog that allows for identification of the animal and the owner shall be required to report the microchip number to the Animal Control Agency;
3. The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the Agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the Animal Control Agency. Therefore, the dog may be impounded until the enclosure is repaired or improved. Failure to improve the enclosure shall result in the inability of the owner to keep the At-Risk dog;
4. In the event the owner takes the dog off their property, the dog shall be on a leash no greater than six (6) feet in length. Further the leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within County limits including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner.
F. In addition to any criminal penalties, failure to comply with any of the restrictions in Section (D) or (E) above may result in the dog being immediately seized and impounded. An owner is permitted to redeem the animal from impound so long as the owner comes into compliance with the provisions of Section (D) or (E), whichever is applicable, within ten (10) days of the dog being seized. If the owner fails to come into compliance with the provisions of the applicable Section (D) or (E), the Animal Control Agency may place the dog up for adoption or euthanize the dog, provided the Agency complies with the adoption or euthanasia guidelines provided for elsewhere in this Chapter.
G. Transfer of At-Risk or Dangerous Dogs: If an owner of an At-Risk or Dangerous dog transfers ownership of the dog to another person, they shall be obligated to notify the new owner of the designation. Further, they shall be obligated to notify the Animal Control Agency of the transfer of ownership of the animal, and provide to the Animal Control Agency the name, physical address, and telephone number of the new owner of the dog. The new owner shall be obligated to comply with the requirements set forth in this Section for keeping At-Risk or Dangerous dogs.
H. Disposition of Dogs Designated as Dangerous or At-risk.
1. In the event a dog designated as Dangerous again, while unprovoked, attacks a person, such dog shall be subject to immediate impounding by the Animal Control Agency and shall be humanely euthanized as expeditiously as reasonably possible. Such second attack need not cause serious injury for this provision to apply.
2. As proscribed elsewhere in this Chapter, Dangerous or At-Risk dogs may be impounded under various circumstances. Where such dogs are voluntarily relinquished by the owner, or where the owner cannot or will not redeem the dog from impound, the Animal Control Agency shall be permitted to place the dog for adoption if, in the Agency's judgment, the dog can be safely adopted to a new home. Where the Agency concludes the dog cannot be safely adopted, the Agency shall humanely euthanize such animal.
3. If the Animal Control Agency chooses to place for adoption a dog currently or previously designated as Dangerous or At-Risk to a new home, the Animal Control Agency shall provide written notice to the person(s) adopting the dog of its current or previous designation. Prior to approving the adoption, the Agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation, and will not hold the County liable for incidents that may arise related to the dog's behavior. Further, where the designation is currently in place and not expired or vacated, the Animal Control Agency shall notify the person(s) adopting the animal of the restrictions placed on an owner of such animal provided for in Ada County Code Section 5-7-19(D) and (E), and the owner shall be obligated to comply with these restrictions.
4. The Animal Control Agency, in its sole discretion, shall be authorized to deny a request to adopt a Dangerous or At-Risk dog. The Animal Control Agency shall be particularly sensitive to the potential risks associated with adopting the animal to a home with small children or other vulnerable individuals, and only approve such adoptions in rare circumstances. The Agency's decision to deny an adoption request under this provision is not subject to appeal.
5. The Animal Control Agency shall keep records of dogs designated as Dangerous or At-Risk. The records kept shall at a minimum contain information identifying the dog (including name, breed, color and markings description, microchip number, and gender), the date of the Notice of Designation, and the name and contact information for the current owner of such dog.
I. Expiration or Cancellation of At-Risk Designation.
1. The designation as an At-Risk dog shall expire twenty-four (24) months after the Notice of Designation is served on the current or previous owner, provided the dog has not acted in a manner or committed an act during that twenty-four (24) month period that would constitute grounds to again designate the dog as At-Risk.
2. An owner of an At-Risk dog may petition the Animal Control Agency earlier than twenty-four (24) months to cancel the designation as At-Risk. The petition shall set out factual or legal circumstances that would warrant the cancellation of the designation. The Agency receiving such a petition shall investigate the circumstances asserted by the owner, and provide a written decision to the owner either granting or denying the petition. An owner may file more than one petition under this provision, provided no owner shall bring more than one such petition during any twelve (12) month period of time. The owner bringing such petition shall be responsible for all fees and costs incurred by the County or Animal Control Agency in processing said petition.
J. The owner of a dog impounded under any provision of this Section shall be liable to the Animal Control Agency for costs associated with boarding and caring for the animal until the animal redeemed from impound, adopted, or euthanized, except where the animal was voluntary relinquished to the Animal Control Agency.
K. An owner of a dog who violates any provision of Ada County Code Section 5-7-19 shall be guilty of a misdemeanor and shall be punishable as provided herein. (Ord. 945, 1-24-2023)