If a citizen witnesses a dog or cat attacking a person, he shall notify the rabies control officer in the county health department. Whenever the animal control officer is notified and shown that a dog or cat has bitten or attacked a person, such officer shall promptly notify the county health department of such bite or attack, and shall cooperate with the county health department in impounding and quarantining such animal.
(a) Seizure provisions in the event of a dog attack of a serious nature. If he has probable cause to believe that a dog has:
(1) Killed or in inflicted severe injury to a person; or
(2) Killed or inflicted severe injury upon a domestic animal, horse or livestock, when not on the offending dogs owner’s property,
the animal control officer shall have the emergency authority to enter the exterior area of private premises to retrieve the dog. The consent of the animal owner or the lawful occupant of the premises is not required under these circumstances, and it shall be unlawful to resist or interfere with the animal control officer in taking such action.
(b) Exceptions. No dog shall be found to be a dangerous animal, if the threat, injury or damage was sustained by a person who was:
(1) Committing, at the time, a crime upon the premises occupied by the dog’s owner or custodian; or
(2) Committing, at the time, a willful trespass or other tort upon the premises occupied by the dog’s owner or custodian; or
(3) Provoking, tormenting or physically abusing the dog.
(4) No dog that was engaged in the performance of law enforcement duties at the time acts complained of shall be found to be a dangerous dog.
(c) Notice of hearing. Upon taking custody of the dog, the animal control officer shall provide to the owner a written notice of the basis for the seizure and impoundment, and shall notify the dog’s owner as soon as feasible of the expected hearing date, which shall be no later than next appointed court date from the date of seizure, unless the magistrate shall determine there are compelling reasons to extend the date. Leaving the written notice reasonably secure at the front or primary entrance to the house or structure on the property where the animal is seized shall be sufficient delivery to the owner, if the owner is not present or if the owner’s location cannot be determined.
(d) Magistrates findings. The magistrate shall determine if the dog is a “dangerous animal” as defined by § 4-11 of this article. If the magistrate determines that the attacking dog is a dangerous animal:
(1) The animal must remain in the custody of and housed by the County Animal Control Division until the owner obtains a license for the dangerous dog from the Animal Control Division. In order to obtain a license, the owner must comply with the following:
a. The owner must demonstrate proof of liability insurance or surety bond of at least $50,000, insuring or securing the owner for personal injuries inflicted by the dangerous animal; and
b. The Animal Control Division must review and approve a proper enclosure for housing the dangerous animal; or
(2) The animal must be destroyed when, in the court’s judgment, the dangerous animal represents a continuing threat of serious harm to human beings or domestic animals
(1976 Code, § 4-16) (Ord. 731, § 7; Ord. 2130, § 2(a), passed 6-5-1990; Ord. 4099, § 3, passed 4-3-2007)