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A. Dangerous Dog Permit Required: It shall be unlawful for any person to keep within the City of Eloy any dog that has been found to be dangerous, by a justice of the peace or the City Magistrate, without a dangerous dog permit and full compliance of subsection E of this section.
B. Issuance Of Citation: A citation shall be forthcoming to the owner for violation of this section after an assessment of the dog has been done by an animal control officer or police officer, and there is sufficient evidence to meet the definition of a dangerous dog.
C. Confinement Of Animal Pending Court's Decision: Pending the court's decision, the dog in question will remain on the owner's property unless it cannot be adequately confined to ensure the safety of the public, at which time it will be impounded at a shelter at the owner's expense until a decision has been reached.
D. Permit Fee; Term: When a dog has been found to be dangerous by a justice of the peace or the city magistrate, a permit will be issued by the Eloy animal control department at the cost of one hundred dollars ($100.00) per year and is renewable after an annual review by the animal control department.
E. Conditions Imposed On Dog Owner: The court may impose some or all of the following conditions on the dog owner in order to maintain the dog in the city of Eloy:
1. That the dog wear a special dangerous dog collar as specified by the animal control officer and that the dog be microchipped;
2. That the owner immediately notify the animal control officer in the event that the dog is loose and unconfined, has attacked or injured a human being or another animal, has been sold or given to another person, or has died;
3. That the dog, while on the property of the owner, be confined indoors or in a securely enclosed and locked structure, suitable to prevent the entry of children and designed to prevent the dog from escaping (such structure shall be at least 6 feet in height and include adequate protective measure or devices to prevent the dog from burrowing under the structure or jumping over the structure);
4. That the owner display one or more signs on his property which provide a clear warning to children of all ages and adults that a dangerous dog is present on the property. (The type and style of the sign shall be determined by the animal control officer);
5. That, while off the owner's property, the dog will be muzzled and restrained by a leash not more than six feet (6') in length. The dog must be under the control of a responsible adult;
6. That, upon request of the city magistrate, the owner make the dog available for inspection by the animal control officer; and
7. That the owner obtain and maintain liability insurance in a minimum single incident amount of fifty thousand dollars ($50,000.00) to cover any damage or injury that may be caused by the dangerous dog.
F. Compliance Required; Removal Of Dog For Noncompliance:
1. The owner of any dog declared dangerous in the city of Eloy will have twenty (20) days to come into compliance with the mandates set forth by the court.
2. In the event an owner of a dangerous dog fails to comply with any of the requirements imposed under a permit issued under this section, the animal control officer shall immediately issue a citation to the owner for violating subsection A of this section, and impound the animal pending the court's decision. Furthermore, the city animal control officer is authorized to seek an order from a justice of the peace or the city magistrate requiring that the dog be destroyed or removed from the city. Such an order shall include a provision which requires the owner to notify appropriate law enforcement authorities of the new location where the dog will be kept. (Ord. 05-590, 5-23-2005)