(a) No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason to believe is a vicious or dangerous dog;
(2) Possess a vicious or dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
(3) Falsely attest on a waiver form provided by the veterinarian under subsection (b) hereof that the person’s dog is not a vicious or dangerous dog or otherwise provide false information on that written waiver form.
(b) Before a veterinarian debarks or surgically silences a dog, the veterinarian may give the owner of the dog a written waiver form that attests that the dog is not a vicious dog. The written waiver form shall include all of the following:
(1) The veterinarian’s license number and current business address;
(2) The number of the license of the dog if the dog is licensed;
(3) A reasonable description of the age, coloring, and gender of the dog as well as any notable markings on the dog;
(4) The signature of the owner of the dog attesting that the owner’s dog is not a vicious or dangerous dog;
(5) A statement that subsection (a) hereof prohibits any person from doing any of the following:
A. Debarking or surgically silencing a dog that the person knows or has reason to believe is a vicious or dangerous dog;
B. Possessing a vicious or dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
C. Falsely attesting on a waiver form provided by the veterinarian under subsection (b) hereof that the person’s dog is not a vicious or dangerous dog or otherwise provide false information on that written waiver form.
(c) It is an affirmative defense to a charge of a violation of subsection (a) hereof that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing a dog, a written waiver form that complies with subsection (b) hereof and that attests that the dog is not a vicious or dangerous dog.
(d) Any person who is the owner, keeper, possessor, harborer, or who maintains, or who has the care, custody or control of a dangerous or vicious dog, and who violates this section, shall be guilty of a first degree misdemeanor.
(Ord. 88-01. Passed 9-24-01.)