A. Dangerous Animal Permit Required:
1. No person shall keep or harbor an animal designated under the provisions of this chapter as dangerous without having obtained a dangerous animal permit. The animal owner shall comply with all conditions of the dangerous animal permit including, but not limited to, all requirements of this section. Any animal which is determined to be dangerous under this chapter and for which a permit has not been obtained shall be surrendered to an animal protection officer for appropriate disposition including humane destruction.
2. If an animal protection officer or peace officer investigates and determines that an animal is dangerous, the animal protection officer and/or peace officer shall deliver written notice of such determination to the owner of the animal on a standardized form that provides notice of the right to appeal the designation, instructions for filing an appeal, and a notice of appeal to be filed with the City Clerk. Should the animal pose an immediate threat to the public health and safety, an animal protection officer may impound the animal.
3. In determining whether or not an animal shall be declared dangerous, the animal protection officer, peace officer or Hearing Officer appointed pursuant to section 5-3-52-3, may consider, as a mitigating factor or factors, whether, at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation:
a. Provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior;
b. Committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal;
c. Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal;
d. Or any other mitigating factors deemed appropriate for consideration by the animal protection officer, peace officer or Hearing Officer.
4. The owner of the animal may contest the designation of an animal as a dangerous animal by an animal protection officer and/or peace officer, by filing the notice of appeal with the City Clerk within five (5) calendar days of notification of the designation. Such hearing shall be conducted according to the procedures set forth in section 5-3-52-3. If a notice of appeal is not timely filed, the hearing process shall be deemed waived by the owner, and the dangerous animal declaration will be considered final.
5. Unless a notice of appeal is timely filed, upon receipt of written notification by the animal protection officer and/or peace officer that an animal has been designated as dangerous, the owner shall submit an application for a dangerous animal permit within seven (7) calendar days of notification of the designation, or within seven (7) calendar days of the determination by a Hearing Officer that the animal is dangerous. The application for a permit shall contain the name of the applicant, applicant's address, the applicant's home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant's, and a complete description and photograph of the animal. The permit shall contain all of the requirements of this section and any additional conditions or requirements deemed necessary by the Supervisor of Animal Protection to protect the public health or safety.
6. No permit obtained under this section is transferable. If the owner's address or the location where the animal is kept changes or the owner transfers ownership of the animal, the permit shall become null and void and an application for a new permit must be submitted to the Animal Protection Division.
7. A permit issued under this chapter is subject to renewal and approval each year and is subject to conditions and requirements existing as of the date of renewal. The permittee shall pay an annual fee for this permit pursuant to the procedures established by the Animal Protection Division. If permittee fails to file an application for renewal or pay the permit fee prior to the permit anniversary date the permit shall automatically become void.
8. If the owner or permittee has a history of multiple violations of this chapter or of the conditions of any previously issued dangerous animal permit, the Animal Protection Division or Hearing Officer may deny the permit and impound the animal for appropriate disposition as determined by the Animal Protection Division or Hearing Officer.
B. Dangerous Animal Permit Requirements: Any owner of a dangerous animal shall insure compliance with the following rules and regulations which shall be mandatory requirements for any dangerous animal permit:
1. When the animal is off the property of its owner, the owner must ensure that the animal is restrained with a leash not to exceed four (4) feet in length and having a minimum tensile strength of three hundred (300) pounds and shall be under the direct control and supervision of the owner or a person of such age, size and strength as can easily control such animal. Extraordinary care shall be taken by the owner to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other persons or animals.
2. The owner shall maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property.
3. The owner shall ensure that the animal is not kept upon any unenclosed premise unless it is leashed and controlled by a person capable of controlling such animal. The owner shall ensure that the animal is not tethered, tied or staked at any unenclosed premise. The owner shall ensure that the animal is not kept in a house or structure when the windows or doors are open, or screen doors are the only obstacle preventing the animal from exiting the structure.
4. The owner shall ensure that the animal is kept in a fenced yard, police grade kennel, run or other enclosure approved by the Animal Protection Division. The owner shall ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the structure. The owner shall regularly inspect the fenced yard, kennel, run or enclosure to ensure that it is secure to maintain the animal.
5. The owner shall open premises upon which an animal is maintained at any reasonable hour for inspection by an animal protection officer.
6. The owner of the dangerous animal shall post the entrances to the property where the animal is kept with a legible sign conspicuous to the public, warning persons of the presence of a dangerous animal.
7. The owner of any dangerous animal must advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said dangerous animal.
8. The owner shall strictly comply with all local and state laws regarding the care, use, control and maintenance of animals.
9. In addition to a license, the owner shall ensure the dangerous animal be microchipped and registered with the Animal Protection Division within thirty (30) calendar days from the date the permit was issued.
10. The owner shall have the animal spayed or neutered by a licensed veterinarian, at the owner's expense, within thirty (30) calendar days from the date the permit was issued. The owner shall present written proof to the Animal Protection Division that the surgery was performed. In the event an animal cannot be safely spayed or neutered due to medical reasons, the owner shall present written proof from a licensed practicing veterinarian that said animal cannot be spayed or neutered.
11. The owner may not sell, transfer or otherwise dispose of such animal to another County or City without notifying Animal Control at least twenty-four (24) hours before such sale, transfer or disposal. Animal Protection will notify the proper authorities of the jurisdiction to which the dangerous animal is transferred. Should the owner of a dangerous animal wish to transfer ownership of the animal to another individual within the McKinley County, the new owner must submit to a property inspection, apply for and obtain a new dangerous animal permit, pay all requisite fees, and comply with all provisions of this chapter and the requirements of the permit.
12. No more than two (2) dangerous animals may be kept at any one household.
13. The owner of a dangerous animal must notify the Animal Protection Division of the animal's death within twenty-four (24) hours and shall produce the animal's body for verification upon request. The owner of a dangerous animal must notify the Animal Protection Division immediately in the event the animal becomes lost or stolen.
C. Revocation Or Modification Of Permit:
1. Subject to the provision of subsection (2) of this section, any permit issued pursuant to this section may be revoked or modified by the inclusion of additional requirements, if the Animal Protection Division has reasonable cause to believe any of the following to be true:
a. The dangerous animal owner or any person the owner has allowed to have possession of the animal has violated any local animal ordinances, or is in violation of any zoning, health and safety or building ordinance or Criminal Code section relating to the keeping, care or use of any animals;
b. The owner or any person the owner has allowed to have possession of the animal has violated any rules, regulations or conditions of this chapter including, but not limited to, dangerous animal permit conditions, or any requirement imposed by the Animal Protection Division or Hearing Officer as necessary to insure the animal will not endanger the peace, health or safety of any person or property; or
c. The owner has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued.
2. In the event that it is reasonably necessary to protect against a threat to the health or safety of the public, or of any animal, an animal protection officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place.
3. If, after investigation, the animal protection officer or peace officer concludes that it is probable that one or more of the above grounds for revocation or modification of the permit has occurred, the officer shall cause written notice thereof to be transmitted to the owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the owner of the animal wish to contest the revocation or modification of the permit, he/she may request a hearing to be held before a Hearing Officer within five (5) calendar days of receiving the notice of intent to modify or revoke permit. Said hearing date shall be not less than five (5) working days or more than fifteen (15) working days subsequent to the date the request for hearing is received. The hearing shall be conducted as set forth in section 5-3-52-3 of this chapter. After the hearing, the officer conducting the hearing may modify the terms of the permit or revoke the permit depending upon the owner's ability to comply with the requirements of this chapter and to control the animal so that the health, safety and property of the public are protected.
4. Upon written notification by the Animal Control Division of any modifications to a dangerous animal permit, the owner shall immediately comply with such modified permit requirements.
5. Upon written notification by the Animal Control Division of the revocation of a permit for a dangerous animal, the owner of such animal shall, within two (2) calendar days of such notification, surrender said animal to an animal protection officer. (Ord. C2021-1, 5-11-2021)