(a) Issuance of order. Upon a determination that an animal is potentially dangerous, dangerous, or vicious, the Agency shall issue a written order to the owner that explains the reasons for the Agency's determination. For potentially dangerous and dangerous animals, the order shall direct the owner to comply with conditions for maintaining the animal on the owner's property. Failure of the owner to comply with the conditions may result in temporary or permanent impoundment of the animal. An impounded animal designated as potentially dangerous or dangerous may only be redeemed after the owner presents the Agency with satisfactory proof of compliance with the issued order.
(b) Conditions. When an animal is determined to be potentially dangerous or dangerous by the Agency, the Agency may order the owner to abide by some or all of the following conditions in addition to the owner complying with all other relevant provisions of the County Code for the keeping and maintenance of animals:
(1) manage the animal and its environment in a manner that will abate the animal's problem;
(2) spay or neuter the animal;
(3) implant the animal with a microchip containing owner identification information;
(4) obtain an insurance policy providing for protection for bite victims in a minimum amount of $300,000;
(5) remove the animal from the custody of an individual less than 21 years old;
(6) for a rental property, obtain the written permission of the landlord to maintain the animal on the property;
(7) confine the animal to a structure of a size and type specified by the Agency;
(8) maintain the animal exclusively on the owner's property except for medical treatment or examination;
(9) muzzle or leash the animal as required by the Agency;
(10) post on the premises where the animal is maintained a clearly visible warning sign that there is a dangerous animal on the property;
(11) a behavioral assessment for the animal;
(12) specialized training for the animal; or
(13) such other conditions as the Agency determines to be in the public interest.
(c) Appeal of orders.
(1) An owner of an animal designated as potentially dangerous, dangerous, or vicious may appeal that order to the Commission within 10 days of receipt of the order by filing a written request for appeal with the Agency.
(2) Prior to the commencement of a hearing before the Commission, the Agency shall transmit to the Commission members all documentation supporting the designation and order.
(3) The Agency shall provide written notice to the owner of the specific behavior of the animal at issue, and the date upon which a hearing will be held on the appeal. The notice shall advise the owner of the consequences of a determination of potentially dangerous, dangerous, or vicious. The burden of proof on the appellant shall be by a preponderance of the evidence.
(4) If the owner fails to appear at the hearing, the appeal shall be dismissed.
(1985 Code, Art. 12, § 4-102) (Bill No. 41-01; Bill No. 59-17; Bill No. 90-18; Bill No. 89-20)