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Each owner shall keep and maintain his animal under restraint; provided, however, that this section shall not apply to any dog being used for rescue or law enforcement work. It shall be unlawful for any owner to allow his or her animal to cross outside the property line of its owner to any extent, including reaching through, over or under a fence, or to keep or allow his or her animal to be outdoors on an unfenced portion of the owner's property, unless the animal is leashed and under the control of its owner or another responsible person; provided that any animal not secured by a leash or lead and that is outdoors on a fenced portion of the owner's property or outdoors on the premises of another person with consent of that person shall not be considered under restraint unless the fence is of sufficient height appropriate to the size of the animal to prevent the animal from jumping or reaching over the fence. In addition, it shall be an unlawful failure to restrain for an animal to attack, bite, threaten, or jump on any person without that person's consent, outside the property of the animal's owner. The provisions of this section shall be a positive duty of the owner and the offenses described herein shall be strict liability offenses.
Any owner who violates any provision of this section shall be subject to a fine of $300.00, if the violation does not result in severe injury or death to any person or damage to another person's property. If the violation results in severe injury or death to any person, the owner shall be subject to a fine of not less than $1,000.00 and not more than $10,000.00. In addition to a fine, the owner may be required to submit full restitution to the victim or may be incarcerated for a period not to exceed six months, or may be required to perform up to 100 hours of community service, or any combination thereof. If the violation results in damage to another person's property, the owner shall be subject to a fine of not less than $300.00 and not more than $1,000.00. In addition to a fine, the owner may be required to submit full restitution to the victim.
(Prior code § 98-3; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 10-31-01, p. 71774, § 1; Amend Coun. J. 3-31-04, p. 20916, § 3.25; Amend Coun. J. 3-14-07, p. 99838, § 1)
(a) Any stray animal may be immediately impounded by an animal control officer.
(b) An animal control officer may return a stray animal recovered in the field if the animal control officer determines that its owner resides within three miles of the site of recovery. If the animal is left with the owner, the owner shall not be liable for the redemption fee established in Section 7-12-120(a).
(Prior code § 98-3.1; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 1; Amend Coun. J. 4-18-18, p. 75057, § 1)
The Executive Director shall have the authority to make a determination that an animal is a dangerous animal, as defined in Section 7-12-020, and to order the owner to comply with any of the measures set forth below for the protection of public health, safety and welfare.
(a) Upon receipt of a complaint or other report of an animal bite, attack, threatening behavior, or other reason to believe an animal may be a dangerous animal, the Department shall evaluate the seriousness of the complaint or report and, if the circumstances warrant, may conduct an investigation of the facts. Where necessary, practicable, and readily located, the investigation may include, but not be limited to, interviewing the complainant, the human victim, if any, the victim animal's owner, the biter animal's owner, any witnesses, and also include observation of the animal and the scene, and any other relevant information. The Department then shall make a written finding of whether an animal is a dangerous animal as defined in Section 7-12-020 and the basis for that finding. In addition, if during the course of the investigation, the Department uncovers evidence of inhumane treatment of any animal in violation of Section 7-12-080, the Department shall make a written finding of the specific violation and forward the written finding to the Executive Director. For purposes of this section, a police report may support the Department's determination. When making the determination, the Executive Director shall take into consideration the totality of the circumstances, including the behavior of all of the participants that led to the incident. The Executive Director shall declare in writing whether the animal is a dangerous animal and issue appropriate requirements as set forth in Section 7-12-050.
(b) Euthanasia.
(1) The Executive Director shall order the euthanasia of a dangerous animal that has been declared dangerous because it has caused death to a person.
(2) Where an animal is declared to be a dangerous animal because it has been found to have caused the death of another domestic animal, or severe injury to any person or domestic animal, the Executive Director may order the euthanasia of the animal, where appropriate, taking into consideration the severity and the circumstances of injury or death.
(c) In all cases where an animal is declared to be a dangerous animal and the animal is not euthanized, the Executive Director shall order the owner to comply with the following requirements:
(1) While on the owner's property, the owner must securely confine the dangerous animal indoors or within a securely enclosed and locked outdoor enclosure suitable to prevent the entry of young children and designed to prevent the animal from escaping; or both an indoor and outdoor enclosure that meets the above criteria. If the owner chooses to securely confine the dangerous animal within an outdoor enclosure, such enclosure must be a minimum of six feet in height and must have secure sides and top. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet deep. The enclosure also must be humane and have an area which provides protection for the animal from the elements and extreme temperatures. In addition to the enclosure required by this subsection, the owner shall erect a fence on the perimeter of that portion of the property where the enclosure is located. The location and height of the fence shall be approved by the Executive Director. The enclosure and fence shall be erected within thirty days of the declaration that the animal is a dangerous animal. An owner whose animal will be exclusively confined indoors must submit to the Executive Director a sworn, notarized declaration that the animal will be exclusively confined indoors.
(2) While off of the owner's property, a dangerous animal must be muzzled securely to prevent the possibility of biting, restrained by a substantial chain or leash not exceeding six feet in length, and under the control of a responsible adult at all times. The muzzle must be made in a manner that will not cause injury to the animal or impair its vision or respiration but must prevent it from biting any person or animal.
(3) Within 24 hours of the declaration that the animal is a dangerous animal, the owner must display, in a conspicuous manner, a sign on the owner's premises warning that a dangerous animal is on the premises by stating in capital letters:
"WARNING – DANGEROUS ANIMAL – KEEP AWAY."
If the owner lives in a free-standing residence or a townhome, the sign must be visible and legible from the public way and from 50 feet away from the special enclosure required pursuant to subsection (c)(1) above. If the owner lives in an apartment or multi-unit dwelling and the animal is kept solely within the dwelling, the sign must be placed on both the front and back entries to the unit.
(4) Within ten business days of the declaration that the animal is a dangerous animal, the owner, at the owner's expense, shall have an identifying microchip installed under the animal's skin by a veterinarian.
(5) Within ten business days of the declaration that the animal is a dangerous animal, the animal shall be sterilized, at the owner's expense.
(6) Within ten business days of the declaration that the animal is a dangerous animal, the owner must procure and maintain in effect liability insurance, including coverage of claims arising from the conduct of the owner's animal, in an amount not less than $100,000.00 for each animal declared dangerous for bodily injury, personal injury and property damage.
The insurance shall include a provision whereby the insurer notifies the Executive Director not less than 30 days prior to cancellation or lapse of coverage.
In addition, the Executive Director may order the owner to comply with any of the following requirements, in any combination:
(7) The owner must confine the dangerous animal indoors or within a securely locked outdoor enclosure described above in subsection (1) at all times and only allow the animal out under the conditions set forth in subsection (2) when it is necessary to obtain veterinary care for the animal, comply with a court order, or where an emergency is declared by a government agency requiring evacuation of the owner.
(8) The owner and the animal must complete a course of animal obedience training approved by the Executive Director.
In the alternative to (1) – (8) above, the Executive Director may order that the dangerous animal:
(i) at the owner's expense, have an identifying microchip implanted under the animal's skin by a veterinarian; and
(ii) be permanently barred from the city limits. The owner shall provide a statement, verified by affidavit, to the Executive Director indicating the new location of the animal, and the name and address of the person having custody of the animal.
(d) When an animal has been impounded pursuant to this section, the Executive Director shall send written notice to the last known address of the animal's owner by first class mail.
(1) When the animal has been impounded pursuant to subsection (f) below, the notice shall: (i) be sent within 30 days after the first day of impoundment; and (ii) advise the owner of the impoundment, the investigation, and the fees due under Section 7-12-120 or other applicable ordinance or rule.
(2) If the animal has been declared a dangerous animal by the Executive Director, the notice shall describe the basis for such declaration by specific behavior and date(s) of occurrence, setting forth all applicable orders and requirements imposed, reason of such declaration, and informing the owner of the right to appeal the determination by filing a written request for a hearing within ten days of service of the notice.
(3) Written notice shall be deemed served on the date the notice is mailed.
(4) If there is a complainant or victim, and the Department has contact information for that individual, the Department shall also send the individual a copy of the declaration.
(e) If the owner requests a hearing, the Department of Administrative Hearings shall appoint an administrative law officer who shall hold a de novo hearing within 30 days of the request, at which all interested parties may present testimony and any other relevant evidence. The hearing shall be taped or recorded by other appropriate means. If the administrative law officer upholds the Executive Director's determination that the animal is dangerous, the owner shall have 30 days to satisfy all requirements set out in subsection (c) and the notice. In those cases where the Executive Director has ordered euthanasia of the dangerous animal, that order shall not be carried out until 36 days after issuance of the final order. If the owner files for administrative review and presents notice of the complaint to the Department within 35 days of the issuance of the final order, the final order shall be stayed until resolution of such appeal.
(f) When a complaint has been made or a bite reported, and when the circumstances of the bite incident suggest that an animal will be declared a dangerous animal, the Executive Director or his designee is authorized to either (1) impound and hold such animal, at the owner's expense or (2) impose one or more of the requirements set forth in subsection (c) above, pending the completion of the dangerous animal investigation and final resolution of any appeals. Should an owner fail to comply with requirements issued by the Executive Director under this subsection (f)(2), the Executive Director shall impound and hold the animal at the owner's expense. Where the animal has caused severe injury or death to any person, the Executive Director or his designee shall impound and hold such animal, at the owner's expense, pending the investigation and final resolution of any appeals. Moreover, in no event shall a dangerous animal be released to its owner before the owner obtains a dangerous animal license pursuant to Section 7-12-052 or before the Executive Director or his designee approves the enclosure required by subsection (c)(1). The holding period and impoundment procedures for animals of unknown ownership shall be governed by Section 7-12-060. Any animal impounded and held pursuant to this subparagraph (f) shall receive shelter, food, water, sanitization of kennels, and medical care to the extent the Department's resources and capacity for care will permit during the holding period. Animals may also receive in-kennel enrichment as the Department's partners may be able to provide.
(g) Owners of guard dogs and owners of dogs which have been found to be "vicious dogs" under state law shall comply with the requirements of Section 7-12-050(c)(1) through (6) without the need for any individualized declaration or the right to any hearing, except that, to the extent an owner disputes the fact that the animal is used as a guard dog the hearing procedure set forth in subsection (e) of this section shall apply. The Department may promulgate rules that set forth the conditions under which the provisions of subsection (c) of this section shall not apply to guard dogs when the dogs are on assignment.
(Added Coun. J. 10-2-95, p. 8604; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 10-31-01, p. 71774, § 2; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 6; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 20; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 2; Amend Coun. J. 2-28-18, p. 65923, § 1; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 9)
(a) Any owner who fails to comply with any of the requirements of Section 7-12-050, Section 7-12-052, or any additional orders of the Executive Director as authorized by those sections shall be punished by a fine of not less than $500.00 nor more than $1,000.00, plus impoundment of the animal. If the owner fails to make the animal available for impoundment or fails to come into compliance with the requirements or orders within 7 days after the impoundment of the animal, the owner shall be incarcerated for a term not to exceed six months and the animal shall become the property of the Department. In addition to the penalties set forth above, the Executive Director may order an owner who violates Section 7-12-050 to attend with the animal a course of animal obedience training approved by the Executive Director.
(b) Any animal which has been declared a dangerous animal and which (1) is seen outside and not confined within the enclosure required by Section 7-12-050(c)(1), and not muzzled and under control as required by Section 7-12-050(c)(2), or (2) thereafter attacks or injures a person or domestic animal, shall be impounded by an animal control officer or a police officer, at the owner's expense, and the Executive Director may order the owner to comply with any of the alternatives set forth in Section 7-12-050(c), including the euthanasia of the animal. If the owner fails to make the animal available for impoundment or fails to come into compliance with the requirements or orders within 7 days after the impoundment of the animal, the owner shall be incarcerated for a term not to exceed six months and the animal shall become the property of the Department. The owner shall be entitled to notice and an opportunity for a hearing in the same manner as provided in Section 7-12-050(d) and (e) above.
(Added Coun. J. 10-2-95, p. 8604; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 7; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 3)
(a) Every owner of a dangerous animal shall allow inspection of the enclosure described in Section 7-12-050 by the Executive Director or his designee.
(b) All dangerous animals as defined in this chapter are hereby declared to be a public nuisance; provided that they are lawful if maintained in strict compliance with the requirements set out in Section 7-12-050(c).
(c) [Reserved.]
(d) When an animal has caused severe injury or death to any person, but it is not found to be a dangerous animal on the grounds that the attack was provoked, the Executive Director shall advise the owner to comply with the safety measures set forth in Section 7-12-050(c) in order to protect the public health, safety and welfare.
(e) In addition to any other license required under this chapter, the owner of any animal declared dangerous shall obtain a dangerous animal license within 10 days of the declaration that the animal is a dangerous animal; except that this provision shall not apply to the owner of any guard dog service that is licensed under Chapter 4-384 of this code. The owner shall pay an annual license fee of $100 for the privilege of owning the dangerous animal. The application for the license shall be made to the Executive Director.
(Added Coun. J. 10-2-95, p. 8604; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 8; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 4)
(a) Subject to the exceptions provided in subsections (b), (c), and (d), the Department, or any agency the Department may designate to take possession of animals for the purposes of impounding, shall hold impounded animals for a minimum of seven days, unless the owner redeems the animal sooner, during which time reasonable means shall be used to facilitate their return to the rightful owners. The owner of any animal impounded in any animal control center may, at any time during visiting hours at the animal control center, and before the sale or other disposal as provided in this chapter, redeem such animal by paying the required fees or charges and, in the case of an unlicensed animal, by complying with the license requirements. The seven-day holding period shall not apply to an animal relinquished by its owner to the Department under owner signature authorizing the Department to make immediate disposition of the animal at its discretion, nor shall any required holding period apply to an animal received for impounding in obviously critical physical condition or for which immediate euthanasia shall be deemed proper for humane reasons by the Executive Director or the Executive Director's designee.
(b) Any impounded animal of unknown ownership that remains unredeemed after three days shall be the property of the Department. The Executive Director may allow the adoption or transfer of any animal of unknown ownership after three days of impoundment, or any other disposition of the animal after five days of impoundment. In the event the Executive Director determines that an animal of unknown ownership suffers from severe behavioral issues, the Executive Director may allow any disposition of the animal after three days impoundment. Wild animals which are noxious by their very nature, such as wild rats and undomesticated rodents, may be euthanized at once following an examination for zoonotic diseases.
(c) The Executive Director may allow the immediate adoption, or immediate transfer to an animal shelter or similar facility, of: (1) any impounded cat of unknown ownership; and (2) any impounded litter of puppies aged four months or younger of unknown ownership, as well as their mother, if she is present. The Executive Director also may allow the immediate transfer or other disposition of any impounded unweaned neonate animal of unknown ownership.
(d) The Executive Director shall have the authority to adopt rules necessary for the administration of this section.
(Prior code § 98-3.3; Amend Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 11-12-14, p. 96630, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 9; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 5)
(1) have a microchip implanted if it does not already have one;
(2) have a confirmed current rabies vaccination; and
(3) if the dog or cat is capable of reproduction, be sterilized.
(b) An owner may receive the animal without compliance with subsection (a)(1) or (3) if:
(1) The Executive Director determines that microchipping and/or sterilization would endanger the life or health of the animal, or
(2) The owner contests microchipping and/or sterilization within the stray hold period set forth in Section 7-12-060 by filing a written request for a hearing.
(c) An owner who redeems an animal pursuant to subsection (b)(1) shall, within thirty days of redeeming the animal, provide the Department with either:
(1) proof that the owner had the animal microchipped and/or sterilized; or
(2) a veterinarian’s certificate stating that the animal cannot be sterilized without endangering the life or health of the animal.
(d) If the owner requests a hearing pursuant to subsection (b)(2), the Department of Administrative Hearings shall appoint an administrative law officer, who shall hold a hearing, at which all interested parties may present testimony and any other relevant evidence, within 15 days of the request. If the administrative law officer upholds the Executive Director’s determination that the cat or dog is subject to the requirements of subsection (a), then the owner shall complete the ordered procedures and provide the Department with the documentation required in subsection (c) within thirty-five days after the administrative law officer’s order. If the owner appeals to the circuit court during that time period, the order to sterilize and implant a microchip in the animal shall be stayed until resolution of such appeal.
(Added Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 10; Amend Coun. J. 4-18-18, p. 75057, § 2)
For purposes of impoundment, the Executive Director shall utilize: (i) an animal control center, (ii) a foster home, (iii) the facilities of any humane society properly equipped and willing to impound animals, or, (iv) if the animal shall be of a species that may be better or more safely impounded elsewhere, the Executive Director may designate an alternate facility that is properly equipped and willing to accept the animal.
(Prior code § 98-3.4; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 11; Amend Coun. J. 5-25-18, p. 77747, § 4)
(a) Whenever the Executive Director shall determine: (1) that any animal is kept within a building or upon any premises without food, water, shelter, or proper care and attention for a period of time sufficient within his judgment to cause undue discomfort or suffering, and the owner cannot be located after reasonable search, or if the owner shall be known to be absent due to injury, illness, incarceration, eviction, or other involuntary circumstance; or (2) that any animal is kept at a residence under such conditions that endanger the public health, safety and welfare, or the safety and welfare of the animal, it shall be the duty of the Executive Director to obtain the necessary legal process to allow him or her to enter or to cause to have entered such building or premises to take possession and remove such animal to an animal control center or to a humane society or other appropriate agency equipped, able and willing to accept the animal.
(b) The animal control center, humane society or other authorized receiving agency shall exercise due caution for the welfare and temporary safekeeping of any animal so removed, in conformance with policies to be prescribed by the Department. After due notification to the owner, or, if the owner cannot be located or contacted after reasonable effort by the animal control center, humane society or other authorized receiving agency, any animal so removed and unredeemed shall become the property of the Department and disposed of under policies prescribed by the Department.
(Prior code § 98-4; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 12)
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