In addition to the requirements for the restraint of animals found in § 90.17, the following additional regulations apply to dogs that have been determined to be vicious and dangerous dogs.
(A) In addition to the requirements in § 90.17(C), the owner of a vicious and dangerous dog who maintains the dog outside shall fence a portion of the property with a second perimeter or area fence. Within this perimeter or area fence, the vicious and dangerous dog must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or pen must have secure sides and a secure top attached to all sides. The sides must either be buried two feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel shall be of the inward-opening type and shall be kept locked except when tending to the dog's needs such as cleaning the kennel or providing food and water.
(B) It shall be unlawful for any person to cause, permit, accompany or be responsible for the presence of any vicious and dangerous dog on the streets or public places of Dearborn County or allow the dog to run on the premises of another at any time, unless, in addition to the other requirements of this chapter, the dog is securely muzzled to effectively prevent it from biting any person or other animal.
(C) Whenever a vicious and dangerous dog is outside of its enclosure as provided for in this section, but on the owner's property, it must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent escape. The leash shall be no longer than ten feet, and the dog must be kept at least 15 feet within the perimeter boundaries of the property unless the perimeter boundary is securely fenced.
(D) No vicious and dangerous dog shall be chained, tethered, or otherwise tied to any inanimate object such as a tree, post or building, outside of its own enclosure as provided for in this section.
(E) No owner or harborer of a vicious and dangerous dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in the State of Indiana providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than $100,000. Said insurance must be obtained within 14 days of receiving notice that the dog has been determined to be a vicious and dangerous dog.
(F) If a dog is determined to be a vicious and dangerous dog pursuant to § 90.19(A), the owner or harborer shall have ten days in which to file a written Notice of Appeal of such designation with the Commission. The Commission shall set a hearing on the determination within 20 days of receiving the written Notice of Appeal. The Commission shall conduct a hearing on the appeal and shall determine whether the designation of vicious and dangerous dog shall remain or be removed. The decision of the Commission shall be made no later than ten days after the hearing and written notice of the decision shall be provided by the Commission to the owner or harborer and Dearborn County Animal Control. From the time the designation is made by the animal control officer, the provisions of this chapter regarding vicious and dangerous shall be in full force and effect and each owner or harborer and the animal control officer shall ensure that the provisions with regard to vicious and dangerous dogs are fully met during such time period. Any violation of this chapter committed prior to the hearing shall be admissible and such hearing shall be conducted in an informal manner pursuant to procedures established by the Commission.
(G) Any person who is the owner or harborer of a vicious and dangerous dog and who transfers the ownership, care, or custody of said dog to another person shall notify Dearborn County Animal Control of such transfer within 48 hours of the transfer.
(H) The owner or harborer of a vicious and dangerous dog shall post a sign at the normal main entrance to their premises where it will be readily visible by anyone, especially children, coming to their property. The sign shall be no less than 16 inches by 16 inches in size, the letters shall be no less than two and one half inches in thickness, and the sign shall say "BEWARE VICIOUS DOG" or "BEWARE DANGEROUS DOG".
(BC Ord. 2015-006, passed 6-3-14; Am. BC Ord. 2015-001, passed 1-6-15; Am. BC Ord. 2017-014, passed 11-7-17)