(A) Dangerous dog designation. The Department may determine that a dog is a dangerous dog in accord with this article. If the determination is upheld by a Hearing Officer or the determination is not appealed by the owner, then the dog shall be immediately sterilized and microchipped (if not already microchipped) and the microchip number supplied to the Department. The Department shall document and register the microchip number, a description of the dangerous dog, the address of the property owner and the name and date of birth of the owner and maintain the foregoing in a database available to the public ten years from the date of first registration. The Department may convert a potentially dangerous dog to dangerous dog status upon a breach of any condition pertaining to the potentially dangerous dog. A dog does not have to bite a person or animal to be deemed a dangerous dog under Angel's Law. If a dangerous dog causes harm, the owner is civilly liable as a matter of law and further shows that the owner knew or should have known about the propensity for harm. If the Department determines that the dog is a 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. The owner may request an administrative hearing. This article does not abrogate the Department's duty and authority to humanely destroy dogs as required under other laws. The owners of dangerous dogs must comply with all other legal requirements pertaining to dogs including but not limited to licensing and vaccinations. The Department shall implement policies, regulations, or procedures establishing criteria to evaluate the adoptability of dogs that are in the custody and control of the Department, which shall define when dogs shall not be considered suitable for adoption. If a dog is determined to be unadoptable, the Department shall not place it in the general population or for adoption. The Department may transfer ownership and custody of such dogs to third party organizations specializing in the long-term care of unadoptable dogs only when such organizations retain sole permanent custody and ownership over unadoptable dogs and whose policies prohibit the adoption, fostering, or transferring of unadoptable dogs. No private contract or covenant is a defense to Angel's Law.
(B) Dangerous dog response.
(1) Seizure for attacks resulting in mortal injury. If the Department determines that a dog has mortally wounded a person or companion animal without provocation, the Department shall immediately seek to obtain a warrant from a court of competent jurisdiction to seize the dog or seize the dog with the consent of the owner. Such dog shall remain in the custody of the Department pending adjudication and shall be handled in the ordinary manner under the Humane and Ethical Animal Rules and Treatment Ordinance. If the owner does not request a hearing within 15 days, or if the Hearing Officer upholds the Department's determination that the dog has mortally wounded a person or companion animal without provocation, such dog shall become the property of the Department and shall be handled in the ordinary manner under the Humane and Ethical Animal Rules and Treatment Ordinance.
(2) Seizure for attacks which result in great bodily harm. If the Department determines that a dog has caused great bodily harm as defined herein, to either a person or companion animal without provocation, the Department shall immediately seek to obtain a warrant from a court of competent jurisdiction to seize the dog, or seize the dog with the consent of the owner. Such dog shall remain in the custody of the Department pending adjudication and shall be handled in the ordinary manner under the Humane and Ethical Animal Rules and Treatment Ordinance. If the owner does not request a hearing within 15 days, or if the Hearing Officer upholds the Department's determination that the dog has caused great bodily harm to a person or companion animal without provocation, then the Hearing Officer shall make a determination under the specific circumstances as to the disposition of the dog. The Hearing Officer shall rule that the dog will either, (1) become the property of the Department to be handled in the ordinary manner under the Humane and Ethical Animal Rules and Treatment Ordinance, or (2) that the dog be returned to its owner subject to, but not limited by, the restrictions for dangerous dogs contained herein.
(3) Potential seizure for attacks resulting in serious injury. If the Department determines that a dog has caused a serious injury, as defined herein, to a person or companion animal without provocation, then the Department may immediately seek to obtain a warrant from a court of competent jurisdiction to seize the dog or seize the dog with the consent of the owner. If seized, such dog shall remain in the custody of the Department pending adjudication and shall be handled in the ordinary manner under the Humane and Ethical Animal Rules and Treatment Ordinance. If the dog is seized by the Department and the owner does not request a hearing within 15 days, such dog shall become the property of the Department and shall be handled in the ordinary manner under the Humane and Ethical Animal Rules and Treatment Ordinance. If the Hearing Officer upholds the Department's determination that the dog caused a serious injury upon a person or companion animal without provocation, the dog shall be deemed dangerous, and shall be subject to the terms and restrictions pertaining to a dangerous dog as contained herein.
(4) Subsequent attack by dangerous dogs. If a dog previously determined to be a dangerous dog commits a subsequent unprovoked attack on a person or companion animal, the Department shall immediately seek to obtain a warrant from a court of competent jurisdiction to seize the dog or seize the dog with the consent of the owner. Such dog shall remain in the custody of the Department pending adjudication and shall be handled in the ordinary manner under the Humane and Ethical Animal Rules and Treatment Ordinance. If the owner does not request a hearing within 15 days, or if the Hearing Officer upholds the Department's determination that the dog committed a subsequent unprovoked attack after having previously been deemed dangerous, such dog shall become the property of the Department and shall be handled in the ordinary manner under the Humane and Ethical Animal Rules and Treatment Ordinance.
(5) Notice. Notice of the dangerous dog designation (if not previously so designated) and any seizure shall be hand-delivered to the owner of the dog, or if not available, posted at the property and mailed to the owner by certified mail. If the dog is seized, the notice shall state that the dog shall remain in the custody of the Department pending adjudication. If the Department will be seeking to take permanent possession of a dog, the notice shall also so apprise the owner.
(C) Requirements for dangerous dogs. All dangerous dogs must be sterilized without regard to any previously issued permits. The Department shall list dangerous dogs, including the address of the property where located, on the Department Website. Dangerous dog owners must allow inspections of the property by the Department at any reasonable time of day. The Department may charge reasonable fees for inspections and assess fines for failures of compliance on a list of fees and fines promulgated from the Department from time to time. If the owner refuses an inspection, the Department shall seize the dog under law and may humanely destroy the dog. The Department may impose remedial measures pertaining to dangerous dogs on one or more occasions. The Department may require the owner to submit to educational requirements for owners of dangerous dogs or socialization or other classes for the dog from time to time. Without limitation on the foregoing, the following requirements pertain to dangerous dogs:
(1) Dangerous dogs are not allowed in dog exercise parks and may not be taken off the property except on an adequate leash.
(2) When off the property, dangerous dogs shall be on an adequate leash and under the constant control of a responsible person. Dangerous dogs shall not be transported in a vehicle that might allow the dangerous dog to escape or gain access to any person or animal outside the vehicle.
(3) A dangerous dog shall not be chained, restrained or otherwise affixed to any stationary object at any time unless under the immediate and constant observation, care and control of a responsible person. Tethering permits shall not be issued for dangerous dogs.
(4) Dangerous dogs must be confined on the property by a secure fence or secure facility. Neither verbal commands nor electronic fences are sufficient.
(5) No person convicted of animal cruelty or animal fighting in any jurisdiction at any time is allowed to own a dangerous dog or function as the responsible person pertaining to a dangerous dog. The Department shall seize a dangerous dog whenever any evidence of animal fighting is present on the dangerous dog, on any other animal on the property, or on the property. Any person who is registered with the Department and conceals or fails to inform the Department that they have been convicted of animal cruelty or animal fighting is subject to the criminal penalties in § 1-1-99 ROA 1994 for each day of possession of a dangerous dog in violation of this paragraph. The owner may request a hearing if the Department takes action under this paragraph.
(6) An owner of a dangerous dog shall at all times have an insurance policy with coverage of a minimum of $500,000 pertaining to injury to any person or property caused by the dangerous dog. The Department may increase the minimum coverage amount from time to time by regulation.
(7) The owner of a dangerous dog shall not sell, loan, transfer, give, devise, board or otherwise convey ownership or custody and control of a dangerous dog to any other person without notifying the recipient in writing that the dog is a dangerous dog and notifying the Department ten days prior to any change in the location of the property upon which the dangerous dog is or should be kept.
(8) Dangerous dogs shall never be allowed access to, or allowed within the proximity of, a young child unless the child lives in the same household as the dog and the dog is under the immediate and constant control of a responsible person.
(9) No lessee shall own or possess a dangerous dog on a leasehold without the written consent of the lessor.
(Ord. 2-2005; Am. Ord. 2016-009; Am. Ord. 2023-015) Penalty, see § 9-17-99