(A) After a thorough investigation, including: sending notifications to the owner of the alleged infractions within ten business days, and affording the owner an opportunity to meet with the administrator, his or her designated agents, or animal control officer prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a written report, the administrator, his or her designated agent, or the animal control officer may deem a dog to be “dangerous.” The owner shall be sent immediate notification of the determination by registered or certified mail that includes a description of the appeal process. A dog may not be declared dangerous if the administrator, his or her designated agent, or the animal control officer determines the conduct of the dog was justified because:
(1) The threat was sustained by a person who, at the time, was committing a crime or offense upon the owner or custodian of the dog;
(2) The threatened person was abusing or assaulting the dog;
(3) The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or
(4) The dog was responding to pain or injury.
(B) If deemed dangerous, the administrator, or his or her designated agent, or the animal control officer, may order:
(1) The dog to be spayed or neutered within seven days at the owner’s expense and microchipped, if not already; and
(2) One or more of the following as deemed appropriate under the circumstances, and necessary for the protection of the public:
(a) Evaluation of the dog by a certified appointed behaviorist, a board-certified veterinary behaviorist or another recognized expert in the field, and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluation and training ordered under this division (B)(2)(a); and
(b) Direct supervision by an adult 18 years of age or older whenever the animal is on public premises.
(C) The administrator, his or her designated agent, or animal control officer may order a dangerous dog to be muzzled and leashed whenever it is off the owner’s real property in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.
(D) It is unlawful for any person to maintain a public nuisance by permitting any dangerous dog or other animal to leave the premises of its owner when not under control by leash or other recognized control methods.
(E) All owners or keepers of dogs found to be dangerous must post in clear view at all times, and in the most conspicuous or prominent point of entry to the owner’s premises, a sign indicating “DANGEROUS DOG ON THE PREMISES.” Such sign shall be at least eight and one-half inches by 11 inches in size and shall contain, in words and pictures, a clear indication that a dangerous dog is on the premises.
(F) The administrator or animal control officer has the right to impound a dangerous dog if the owner fails to comply with the requirements of this section.
(Prior Code, § 5-5-22) (Ord. 688, passed 3-1-2010) Penalty, see § 94.99