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(a) Public safety threat. An animal may not pose a threat to public safety. The owner of an animal who poses a threat to public safety is in violation of this section. An animal poses a threat to public safety if the animal:
(1) inflicts severe injury to a person;
(2) bites a person;
(3) kills or inflicts injury to a domesticated animal;
(4) attacks a person;
(5) while at large, chases or approaches a lawfully restrained domesticated animal in an aggressive manner;
(6) while at large, chases or approaches a person in an aggressive manner; or
(7) engages in encouraged dogfighting activity or shows evidence of having been engaged in encouraged dogfighting activity.
(b) Potentially dangerous. The Agency may designate an animal as potentially dangerous if, after consideration of the animal's demeanor and prior history and any evidence of mitigating circumstances, the Agency finds that the animal:
(1) engaged in conduct that caused a minor or severe injury to a person or domesticated animal;
(2) has been determined to be potentially dangerous or dangerous by another jurisdiction for an attack or action that would subject the animal to a potentially dangerous designation by the Agency; or
(3) while at large, chases or approaches a person or lawfully restrained domesticated animal in an aggressive manner and the Agency has received and verified information that the animal engaged in conduct that constitutes a public safety threat within the preceding twelve months in this or any other jurisdiction.
(c) Dangerous. The Agency may designate an animal as dangerous if, after consideration of the animal's demeanor and prior history and any evidence of mitigating circumstances, the Agency finds that the animal:
(1) killed or inflicted severe injury on a person or domesticated animal;
(2) has been determined to be potentially dangerous, dangerous, or vicious by another jurisdiction for an attack or action that would subject the animal to a dangerous designation by the Agency;
(3) has been documented as killing or inflicting severe injury on a person or domesticated animal in another jurisdiction; or
(4) has been determined to be potentially dangerous by the Agency and engages in a second incident that constitutes a public safety threat as described in subsection (a) of this section.
(d) Vicious. The Agency may designate an animal as vicious if, after consideration of the animal's demeanor and prior history and any evidence of mitigating circumstances, the Agency finds that the animal cannot be safely maintained without threatening members of the public or other animals and the animal:
(1) killed or inflicted severe injury on a person or domesticated animal;
(2) has been determined to be potentially dangerous or dangerous by the Agency and engages in a second incident that constitutes a public safety threat as described in subsection (a) of this section;
(3) has been determined to be dangerous or vicious by another jurisdiction for an attack or action that would subject the animal to a vicious designation by the Agency; or
(4) has engaged in documented behavior involving killing or inflicting severe injury on a person or domesticated animal in another jurisdiction.
(e) Determinative factors. The Agency may decline to issue a citation to an owner for an animal engaging in activity that constitutes a public safety threat or to designate an animal as potentially dangerous, dangerous, or vicious if the Agency finds that it is more likely than not that:
(1) the animal was provoked;
(2) the animal was reacting to pain or injury;
(3) the animal was protecting or defending a person in the immediate vicinity;
(4) the animal was defending itself, its litter, or another animal; or
(5) the animal was acting against a person or animal trespassing on the property of the owner of the animal.
(1985 Code, Art. 12, § 4-101) (Bill No. 41-01; Bill No. 59-17; Bill No. 90-18; Bill No. 89-20)
(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)
(a) Registry established. The Agency shall establish and maintain a dangerous animal registry for the County to include all animals determined to be dangerous or potentially dangerous. The following information, if available, shall be included on the registry: the name of the animal, picture, sex, age, weight, primary breed, secondary breed, color and markings, whether spayed or neutered, the address or map where the animal is maintained, name of the owner, and address of the owner. The registry shall be made available to the public on the County website.
(b) Annual registration. Prior to the expiration of an animal license each year, and until the dangerous or potentially dangerous animal is deceased, the owner shall submit to the County a license renewal that includes all information contained in the original registration and any updates. The Agency shall post any updates to the registry within a reasonable period of time. In the event contact information for the owner changes, the owner shall update the Agency within 10 days of the change. The owner shall comply with notification requirements in the original order regarding the animal's location and disposition.
(c) Notice. The owner of an animal with a dangerous animal order shall send a notice to all persons residing within 175 feet of a property where a dangerous animal is maintained, and if applicable, the president of any community or homeowners' association of the subdivision in which the animal is maintained.
(Bill No. 59-17; Bill No. 90-18; Bill No. 89-20)
SUBTITLE 5. IMPOUNDMENT OF ANIMALS
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