(A) Declaration of dangerous dog.
(1) If the animal control authority has cause to believe that a dog is a dangerous dog as defined by this chapter, the ACA may find and declare such a dog a dangerous dog.
(2) Within 72 hours of declaring a dog dangerous, the animal control authority will notify the person owning the dog of its designation as a dangerous dog and provide the owner a copy of this chapter. The notification to the owner will be provided in person or through certified mail return receipt requested. The notification will describe the dog and specify any particular requirements or conditions placed upon the person owning the dog.
(3) The notice shall inform the owner of the dog that the owner may request, in writing, an appeal of the dangerous dog determination within ten days from the receipt of the certified mail or date of the personal notification of the dangerous dog declaration to contest the finding and designation.
(B) Requirement for owner.
(1) If the owner of a dog that has been determined dangerous by the animal control authority elects not to appeal that decision pursuant to this section, then, within 30 days of the expiration of the ten-day time period for appeal, the owner shall comply with the requirements listed in this chapter. If the owner of a dog that has been determined dangerous appeals that decision to the municipal court, then such owner shall comply with the requirement of this section within 30 days after such determination by the municipal court. The requirements of this section that must be met are as follows:
(a) Register the dangerous dog with the animal control authority for the area in which the dog is kept;
(b) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and
(c) Obtain liability insurance coverage or show financial responsibility in the amount specified by state law to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.
(2) For purposes of this chapter, a person learns that the person is the owner of a dangerous dog when:
(a) The owner knows of an attack described in the definitions set forth in this chapter.
(b) The owner is informed by the animal control authority that the dog is a dangerous dog; or
(c) A determination is made by the municipal court that the animal is a dangerous dog.
(3) Appeal from dangerous dog determination.
(a) Appeals from the animal control authority's determination that a dog is dangerous will be heard by the municipal court. Upon notice of appeal as prescribed in this section, the municipal court will hear the case at the next trial setting after the request for appeal.
(b) The appeal is a civil proceeding for the purpose of affirming or reversing the animal control authority's determination of dangerousness. If the dog has been impounded, the municipal court judge may waive any and all fees associated with the impoundment and release the dog to its owner upon reversal of the animal control authority's determination.
(Ord. 03172021, passed 3-16-2021)