(A) Designation as potentially dangerous dog. Any person may report a potentially dangerous dog to the Department. Persons may make anonymous reports and the Department shall respond to anonymous reports under this article. Pursuant to any such report or otherwise, the Department shall seize and impound any at large dog in the ordinary manner or, if the dog is known to be found on a particular property, initiate an investigation and inspection of the property. After the inspection and investigation, the Department shall determine whether the dog is in fact a potentially dangerous dog. Police dogs are excepted from the designation. If the Department determines that the dog is a potentially dangerous dog, the Department shall so apprise the owner of the dog by written notice sent by certified mail, hand delivered, or conspicuously posted on the property, which notice shall constitute actual and constructive notice. The owner may request an administrative hearing concerning the Department's determination that the dog is a potentially dangerous dog. The Department may impose remedial measures or require the owner to submit to any counseling or classes approved by the Department on the topic of owning a potentially dangerous dog. Without regard to whether the dog has been designated a potentially dangerous dog, no person shall chain, tie, or otherwise affix a dog to any stationary object for more than one hour in any 24 hour period. Any person may apply to the Department for a tethering permit.
(B) Potentially dangerous dog response.
(1) Seizure for immediate danger. Following notice of the determination of a potentially dangerous dog to the owner, if the Department has probable cause to believe that the dog may pose an immediate danger to public safety, the Department may obtain a search warrant and impound the dog or impound the dog at the owner's request or with the owner's consent. If the owner requests a hearing, the dog shall remain in protective custody at the Department pending adjudication. The Department shall impose remedial measures or deliver a Warning and Notice of Reinspection while the matter is pending a hearing. No private contract or covenant is a defense to Angel's Law. If the dog is impounded more than ten days with no response from the owner, the dog becomes the city's property and shall be handled in the ordinary manner under the Humane and Ethical Animal Rules and Treatment Ordinance. The dog shall not be placed for adoption if the Department determines that the dog poses a danger to any potential adopter or the public.
(2) No immediate danger. If the potentially dangerous dog does not pose an immediate danger to public safety and remedial measures or owner education may reasonably provide public safety, the Department may allow the dog to remain on the property pending adjudication and issue a Warning and Notice of Reinspection. If the inadequate conditions stated in the Warning and Notice of Reinspection are not cured by the time of the follow-up inspection, the Department shall seek a warrant for seizure of the dog, and if so obtained the Department shall seize the dog. The owner may file an appeal as provided by this article. If the dog is not on the property at the time of a failed reinspection and not surrendered at that time but subsequently located on the property or at large, the owner is in violation of § 1-1-99 ROA 1994 and the dog may be seized when discovered by the Department. The Department may impose reasonable remedial measures pertaining to any potentially dangerous dog or the property and shall seize the dog upon any breach of a remedial measure imposed. If the Department does not impose remedial measures or seize a dog at a point in time, the Department is not precluded from those actions or other remedies in the future if conditions change or the Department receives a subsequent citizen report.
(Ord. 2-2005; Am. Ord. 2016-009) Penalty, see § 9-17-99