(A) Circumstances requiring special preventive measures. The animal control officer shall have the authority to require the owner or custodian of a dog to comply with special preventive measures, as described below, after taking into consideration the following factors:
(1) Nature of the particular dog: The behavior, size, temperament, capacity for inflicting serious injury, the number of dogs involved or other such factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation;
(2) Adequacy of confinement: The adequacy of the enclosure or confinement, if any;
(3) Immediate surrounding area: The likelihood that the conditions pertaining to the particular dog and the dog’s confinement are detrimental to the safety, welfare or peace and tranquility of a reasonably prudent person in the vicinity;
(4) Children, elderly, and disabled: Minor children, elderly, and disabled people who live in close proximity to the premises occupied by the dog;
(5) Bite: The dog has bitten a human being or domestic animal, without provocation or trespass, and the person bitten does not ordinarily reside on the premises;
(6) Aggressive attack: The dog has been trained for aggressive attacks; and
(7) Attack incidents and reputation: The dog without provocation or a trespass, has approached a person in an apparent attitude of attack or has a reputation to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
(B) Special preventive measures. If the animal control officer determines that the circumstances require special preventive measures, then the animal control officer shall have the authority to require appropriate, specific preventive measures which might include, but are not limited to, the one or more of the following:
(1) Necessary repairs to any fence or enclosure.
(2) Measures to ensure that a gate will remain secure.
(3) A secure fence or any other similar device that would provide greater assurance for the confinement of the dog.
(4) Requiring the owner to tattoo or microchip the dog at the owner’s expense for identification, investigative, or enforcement purposes.
(5) Posting of “Beware of Dog” signage. Signage is to be reflective, weatherproof, and of such size to be clearly seen by approaching persons.
(C) Written order. If the animal control officer determines that a dog owner must take specific preventive measures, the animal control officer shall notify the owner by a written order, stating the reasons that preventive measures are required, identifying the specific preventive measures that must be implemented, and stating a specified time they have, of not less than ten days, to comply with order. The written notice may be served upon the owner by hand delivery, first class U.S. mail to the owner’s last known address, or by posting the written notice on the door of the residence or premises where the dog is housed. The animal control officer shall have the authority to allow for reasonable extensions of time limits based on good faith progress of implementation of the preventive measures. Any approved extensions shall be in writing.
(D) Failure to comply with written order. It shall be unlawful for an owner to fail to comply with a written order to take preventive measures within the designated time for compliance stated in the written order or any extension thereof. If the owner fails to comply, the animal can be impounded by an animal control officer and held at an appropriate shelter pending a hearing by a court of competent jurisdiction.
(E) Owner’s challenge to the written order for special preventative measures. The owner may submit in writing a challenge to the animal control officer’s determination that special preventive measures are required. If the owner wishes to challenge the order for special preventative measures, the owner must submit in writing the basis of the challenge within ten days of service or the written order. The challenge must be directed to the Animal Control Board and filed with the Health Director. The Board is authorized to hear and decide the challenge to the order in the same manner as provided for in § 91.20 of this subchapter. If an appeal from the Board’s decision is made to Superior Court, and the Health Director makes written findings concluding that the animal must be confined at the animal shelter pending review by the Superior Court, the owner shall post a cash bond to cover the cost of the animal’s care in accordance with § 91.11.
(F) Immediate impoundment. If the animal control officer determines that the dog has inflicted life-threatening injuries or killed a human, or the owner has failed to comply with preventive measures in the past, the animal control officer may impound the animal immediately and hold it at the animal shelter pending a hearing to determine disposition by a court of competent jurisdiction.
(Ord. passed 9-16-2021) Penalty, see § 91.99