§ 91.251 BAIL AND CONDITIONS OF OWNERSHIP.
   (A)   Menacing: bail $300.
      (1)   A dog found guilty of menacing must henceforth, when outside the owner or keeper’s house, be restrained by a physical device or structure in good repair that would present the dog from reaching any public walkway or adjoining properties and not interfere with the legal access to the owner or keeper’s property.
      (2)   When off the property of owner of keeper, the dog must be on a leash and under the immediate control of a person who could reasonably be expected to be able to keep the dog under control.
      (3)   The owner or keeper must post their property with two or more clearly visible signs declaring “Beware of Dog” or other such recognized signs for the safety of others.
   (B)   Dangerous: bail $500.
      (1)   A dog found guilty of being dangerous must henceforth when on the owner or keeper’s property:
         (a)   Be kept securely confined indoors or in a securely enclosed and locked pen or structure in good repair. That pen or structure must have minimum dimensions of five feet by ten feet and have a cement floor, and a secure covering over the structure or pen that could reasonably keep that particular dog in its confined area and young children out. The owner or keeper mut also provide the dog with proper shelter for the health and welfare of the dog that would meet standards year round in this area;
         (b)   That structure or pen must be enclosed behind a securely locked fence in good repair which totally surrounds said structure or pen, and is of proper height for that particular dog, to act as a secondary source of confinement to guarantee the safety of humans or other domestic animals should the dog escape the primary confinement area;
         (c)   Said dog may not be confined within ten feet of a property line unless behind a solid six feet wood fence in good repair to protect both the confined animal and outside humans or domestic animals, and still must meet the requirements in division (B)(1) above; and
         (d)   The property must be posted with enough signs (as described in division (A) above) to assure that anyone entering on the property or near where the dog is kept can be duly warned.
      (2)   When off the property of the owner or keeper, the dog must be on a leash that could reasonably hold that particular dog and may not exceed six feet in length, and under the immediate control of an adult who could guarantee control of said dog, and in some cases may be required to wear a recognized muzzle.
      (3)   When in a vehicle, the dog must be confined inside an enclosed portion of the vehicle or in a canopy that is in good repair and could reasonably hold that particular animal. The dog may also be kept inside a crate of proper size and strength that is in good repair that could reasonably hold that particular dog.
      (4)   When being transported in a vehicle, the animal should not have any opening large enough to stick its head outside of its confinement outside the immediate custody of an adult human who can control the dog.
      (5)   Law enforcement personnel may make inquiries or inspect any portion of confinement listed in either division (A) or (B) above, at any time, to assure that the owner or keeper of a menacing or dangerous dog(s) is keeping up the requirements as ordered in these sections.
      (6)   Any dog having been deemed a dangerous dog by this County may not be sold or given away to anyone but a recognized law enforcement dog control facility and all rights to the dog will be forfeited upon receipt of said dog.
      (7)   The owner or keeper may be required to obtain and maintain a separate insurance policy on any dog found to be dangerous, as long as the dog lives, of not less than $25,000 and not more than $50,000. This may be ordered by the court or Dog Board.
      (8)   Any dog designated as dangerous may be destroyed if so ordered by the court or Dog Board, or if the owner or keeper is unwilling or unable to comply with the regulations, or if the owner or keeper of said dog releases all rights to dog control.
      (9)   Any dog cited as dangerous may be picked up and lodged at a holding facility until such time as the case has a disposition and/or confinement conditions listed under this division (B) are met to the satisfaction of law enforcement personnel. The owner or keeper may be held liable for the dog’s room and Board during this period.
      (10)   Any dog allowed or encouraged to act in a menacing or dangerous manner outside of confinement as listed in division (A) or (B) above, may be removed by law enforcement personnel and kept at a holding facility until such time as a judge or the dog board decides the disposition of said dog.
   (C)   Vicious: bail $1,000.
      (1)   Any dog found guilty of being vicious shall be destroyed.
      (2)   (a)   Any dog cited for being vicious shall be lodged in protective custody at a holding facility until such time as the owner or keeper releases all rights to the animal to dog control or a judge declares a verdict. The owner or keeper may be held liable for dog’s room and board.
         (b)   Any owner or keeper who has been given written notice that their dog may be considered menacing, dangerous, or possibly vicious shall not allow their dog to go off their property unless on a leash, and under immediate control of a reasonable person. Failure to do so may result in the dog being impounded and detained in a holding facility until such time as a disposition can be decided by a judge, the Dog Board, or until law enforcement personnel feel that the owner or keeper can and will meet all requirements of the offense they were notified of.
   (D)   Habitual offender: bail $300.
      (1)   Any dog having been found/pled guilty of habitual offender status and subsequently re-offends shall be permanently removed from said owner or keeper and shall become the immediate property of dog control.
      (2)   Any person(s) found/pled guilty of being a habitual offender may, by order of the court, lose the right to own any dog(s) while living in the County. And if so ordered, law enforcement personnel may make inquiries or inspect and remove from the premises any dog being found kept or owned by said person(s). Any County in the state may request a copy of that court order and continue enforcement in their County.
   (E)   Habitual offender confinement restriction. Same as menacing (division (A) above).
   (F)   Dog running at large after warning of dog suspected of being menacing or dangerous or vicious or habitual offender: bail $500. Any dog going off the owner or keeper’s property that is not on a leash and under immediate control of a reasonable person, as described in the Dog Control Ordinance, and has been given written notice of being suspected of menacing or dangerous, as stipulated under this section, may be picked up and lodged at a holding facility until property conditions are met as stated in those ordinances to the satisfaction of dog control personnel, a rule by the Board is made, or until a judge makes a ruling in the case.
(County Ord. 692, passed 7-12-2001)