(A) After an investigation including sending within ten business days of the Animal Control Officer becoming aware of the alleged infraction, notification to the owner of the dog involved in the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Animal Control Officer prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report to deem a dog to be
be “dangerous.” No dog shall be deemed a “dangerous dog” or “vicious dog” unless shown to be a dangerous/vicious dog by a preponderance of evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.
(B) A dog shall not be declared dangerous if it is determined the conduct of the dog was justified because:
(1) The threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;
(2) The threatened person was abusing, assaulting, or physically threatening the dog or its offspring;
(3) The injured, threatened or killed companion animal was attacking or threatening to attack the dog or its offspring; or
(4) The dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.
(C) If deemed dangerous or vicious, the Animal Control Officer shall order:
(1) The dog to be spayed or neutered within 14 days at the owner’s expense and micro-chipped, if not already; and
(2) One or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
(a) Direct supervision by an adult 18 years of age or older whenever the animal is not confined or controlled on the owner’s property.
(b) The Animal Control Officer may order a dangerous dog to be muzzled whenever it is not confined or controlled on the owner’s property.
(c) Vicious dogs will have additional compliance.
(D) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped and police-owned dogs are exempt from this section; provided an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this division (D), each dog shall be currently inoculated against rabies in accordance with law and performing duties as expected.
(E) An Animal Control Officer has the right to impound a dangerous and vicious dog if the owner fails to comply with the requirements of this chapter and state law.
(Ord. 1702, passed 6-1-98; Am. Ord. 2414, passed 9-17-07) Penalty, see § 92.99