(A) Investigation. If an investigating officer learns about a dog’s behavior that has made a reasonable person believe that the dog posed a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal, or if a dog has bitten a person or other domestic animal without justification, the investigating officer must conduct an investigation and determine, in writing, whether that dog should be declared “dangerous.”
(B) “Dangerous dog” determination.
(1) An investigating officer must conduct an investigation and make a written finding that the dog is a “dangerous dog” as defined by this subchapter. The investigation shall include, but is not limited to:
(a) Sending notice to the dog’s owner within ten business days that an investigation has been initiated and affording the owner an opportunity to meet with the investigating officer prior to the making of a determination;
(b) Gathering of any medical or veterinary evidence;
(c) Interviewing witnesses; and
(d) Making a written report.
(2) A dog shall not be declared dangerous if an investigating officer determines the conduct of the dog was justified because:
(a) The threat was sustained by a person who at the time was committing a crime or offense upon the owner of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the dog;
(b) The threatened person was abusing, assaulting, or physically threatening the dog or its offspring;
(c) The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or
(d) The dog was responding to pain or injury or was protecting itself, its owner, or a member of its household, kennel, or offspring.
(3) The statement of a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the dog’s behavior was justified pursuant to the provisions of this section.
(4) No dog shall be deemed “dangerous” if it is a professionally trained dog for law enforcement or guard duties or if it is a guide dog for the blind or hearing impaired or a support dog for the physically handicapped, provided an attack or injury to a person or other domestic animal occurs while the dog is performing duties as expected.
(5) No dog shall be deemed a “dangerous dog” unless shown to be a “dangerous dog” by a preponderance of evidence.
(6) An investigating officer shall provide notice of his, her, or their determination that a dog is dangerous by causing such notice to be sent immediately to the dog’s owner by personal service or by registered or certified mail, return receipt requested. The delivery of the notice shall be deemed to be sufficiently given on the date it is delivered in person or three calendar days after being deposited for delivery in the United States mail with proper postage prepaid. If the dog is determined to be a “dangerous dog,” notice of the owner’s right to appeal the determination shall be delivered to the owner together with the notification that the dog is a “dangerous dog.”
(C) Owner’s obligations. After a dog has been determined to be dangerous, the owner may be instructed to comply with any or all of the following requirements.
(1) No dangerous dog shall be permitted to leave the premises of its owner when not under control by a leash no longer than four feet or by another recognized control method.
(2) An investigating officer shall order the dog to be spayed or neutered and microchipped, if not already, within 14 calendar days of delivery of the written report to the owner. The owner shall be responsible for all costs associated with spaying or neutering and microchipping.
(3) An investigating officer may order the dog to be evaluated by a certified applied behaviorist, a board-certified veterinary behaviorist or another recognized expert and to complete a training program. The owner of the dangerous dog shall be responsible for all costs associated with evaluations and training.
(4) An investigating officer may order direct supervision of the dangerous dog by an adult 18 years of age or older whenever the dog is on public premises.
(5) An investigating officer may order a dangerous dog to be muzzled whenever it is on public premises.
(Ord. 2010-05, passed 8-17-2010) Penalty, see § 90.99