(A) General provisions. It shall be unlawful for any person to own or in any way maintain or harbor an animal that is dangerous/potentially dangerous, except as provided in this subchapter. Notwithstanding any exemption listed below, any animal which has killed a person shall be immediately euthanized by the animal control officer.
(B) Animal control officers shall have the power to declare an animal as a potentially dangerous animal if the officer determines, in consultation with the Health Director, that the animal so qualifies.
(C) Upon a determination that an animal is potentially dangerous, the Health Director shall serve upon the owner or custodian of the animal a written notice that their animal has been determined to be potentially dangerous. The notice shall give the reasons for the determination and any special precautions and/or requirements the owner/custodian is required to make. The written notice shall be served upon the owner or custodian by personal service or by certified mail return receipt requested to the last known address of the owner/custodian. The owner/custodian may appeal the determination by filing with the Health Director a notice of appeal within ten days of service. Upon the expiration of the time to appeal, or an unsuccessful appeal made to the Animal Control Board the animal shall be deemed a dangerous animal.
(D) The Health Director shall have the authority to require the owner/custodian of a potential dangerous or a dangerous animal to:
(1) Procure liability insurance in the amount of at least $100,000 and to present proof of insurance to the Health Director;
(2) Have the animal microchipped;
(3) Confine the animal within a secure building or a securely enclosed and padlocked pen approved by Animal Control with a concrete bottom and secure top on the owner’s premises at all times (the owner/custodian shall have up to 30 days to complete construction of a pen, during which time the animal must be confined within a premises approved by Animal Control);
(4) Control the animal with a muzzle of the appropriate size covering the entire nose and mouth and be under physical restraint by a competent person by means of a leash or chain when on the premises and not in a secure building or enclosure and anytime when off premises. The muzzle in use must be one approved by Polk County Animal Control;
(5) Inform any and all visitors to the property that there is a dangerous/potentially dangerous animal on the property and to take adequate precautions to ensure the safety of visitors;
(6) To immediately notify Animal Control if the animal escapes, is off leash or if the animal is moved to a new location.
(7) Post a warning sign, of at least 120 square inches that is reflective and weatherproof which is to be visible to any adjoining property from each exposure of the residence or the structure in which the animal is confined (each sign must have an approved graphic representation of an appropriate animal such that the dangerousness of the animal in communicated to those who cannot read, including young children);
(8) Keep any dog deemed dangerous out of any public places or areas including but not limited to public recreation areas, dog parks, and greenways.
(E) Inspection. The animal control officers shall cause periodic inspections to be made of the premises where the dangerous/potentially dangerous animal is kept to ensure compliance with the provisions of this subchapter and requirements of the Health Director.
(F) Immediate impoundment. Any dangerous/potentially dangerous animal kept in violation of this section may be immediately impounded. Upon issuance of a warrant for the same, pending a hearing to determine disposition by a court of competent jurisdiction. If the owner is convicted of a criminal offense of keeping a dangerous/potentially dangerous animal in violation of this section, in addition to any criminal penalties imposed, the Health Director may euthanize the animal. Costs of impoundment shall be paid by the owner or custodian of the animal.
(G) Release from impoundment – No criminal charges. No animal deemed dangerous/potentially dangerous who has been impounded without criminal charges shall be released from impoundment except upon proof submitted by the owner or custodian that all the elements of this subchapter and requirements of the Health Director have been met and verified by the animal control officers.
(H) Release from impoundment – Criminal charges. If criminal charges have been brought against the owner for failure to comply with the subchapter or for interference with the operations of the Health Director, the animal shall not be released from impoundment until so ordered by a court of competent jurisdiction. The owner/custodian shall be responsible for the cost of impoundment.
(I) No animal deemed dangerous/potentially dangerous may be adopted and must be spayed or neutered within 30 days of the determination.
(J) Notification of change of address or owner/custodian within 24 hours. The owner/custodian of the animal shall provide the Sheriff written notification of the change of address of owner/custodian, stating the full name of the owner/custodian, their address, and phone number. Prior to transfer of ownership/custody of a dangerous/potentially dangerous animal, the owner/custodian must provide the Sheriff a written statement, signed before a notary by the transferee, indicating the transferee’s understanding of the transferee’s obligations hereunder as an owner/custodian of a dangerous/potentially dangerous animal. If the dangerous/potentially dangerous animal is being transferred out of Polk County, the owner/custodian of the animal must notify the Sheriff. The Sheriff will notify the new jurisdiction that the animal has been deemed dangerous and the circumstances surrounding the case.
(K) Upon the death of a dangerous/potentially dangerous animal, the owner/custodian shall provide written notification of the animal’s death to the Sheriff.
(L) If an animal that has been deemed a dangerous/potentially dangerous animal aggressively and without provocation bites a human being, the animal will be immediately impounded, appeal rights waived, owner’s rights terminated, and result in civil and criminal penalties.
(Ord. passed 9-16-2021) Penalty, see § 91.99