(a) Definitions.
(1) Classification of a dog as a potential nuisance dog shall be based upon specific behaviors exhibited by the dog. For purposes of this section, behaviors establishing various levels of a potential nuisance dog are the following:
A. Level 1 classification is established if a dog off the premises of its owner, keeper, or harborer aggressively bites any domestic animal without provocation.
B. Level 2 classification is established if a dog off the premises of its owner, keeper, or harborer displays threatening or aggressive behavior toward or otherwise threatens or endangers the safety of any animal without provocation, or if a dog on the premises of its owner, keeper, or harborer displays threatening or aggressive behavior toward or otherwise threatens or endangers the safety of any domestic animal or person without provocation.
(2) References to "designated dog" or "classified dog" in this section shall mean a dog classified as a Level 1 or Level 2 potential nuisance dog.
(b) The Police Chief shall have authority to determine whether a dog has engaged in the behaviors specified in divisions (a)(1)A. and B. This determination may be based upon an investigation that includes observation of and testimony about the dog's behavior, including the dog's upbringing and the owner's or keeper's control of the dog, and other relevant evidence as determined by the Police Chief. These observations and testimony can be provided by any witness who personally observed the behavior. Such witness shall sign a written statement attesting to the observed behavior and agree to provide testimony regarding the dog's behavior. Forms for providing witness testimony shall be made available at the Police Department.
(c) Upon reasonable determination by the Police Chief that a dog has engaged in a behavior specified in divisions (a)(1)A. and B., the Police Chief shall give the dog's owner or keeper written notice by certified mail or personal service. The notice shall state:
(1) The description of the dog;
(2) The level of classification;
(3) The facts upon which the classification is based;
(4) The availability of a hearing to object to the classification;
(5) The restrictions placed on the dog as a result of the classification;
(6) The penalties for violation of the restrictions; and
(7) The availability of declassification procedures.
(d) Upon receipt of notice of the dog's classification as a Level 1 or 2 potential nuisance dog pursuant to division (c) of this section, the owner or keeper shall comply with the restrictions as specified in Section 618.22.
(e) Notwithstanding divisions (b) through (d) of this section, the Police Chief shall have discretionary authority to refrain from classifying a dog as a potential nuisance dog, even if the dog has engaged in the behaviors specified in divisions (a)(1)A. and B. of this section, if the Police Chief determines that the behavior was not unprovoked or other similar mitigating or extenuating, circumstances existed.
(f) If a dog is classified pursuant to division (c) of this section, the owner or keeper of the dog shall have the right to an administrative hearing to object to the designation pursuant to Section 618.25. At hearing, the Police Chief must show, by a preponderance of the evidence, that the designated dog is a Level 1 or Level 2 potential nuisance dog.
(Ord. 132-2015. Passed 10-13-15.)