§ 93.27  SPECIAL REQUIREMENTS FOR DANGEROUS ANIMALS.
   (A)   In addition to the registration and vaccination requirements set forth in §§ 93.06, 93.08, 93.09, 93.10, 93.11 and 93.12 above, every owner, keeper or harborer of a dangerous animal within the city limits immediately preceding the effective date of this chapter shall be required, within 30 days from the adoption of this chapter, to:
      (1)   Register the animal as a dangerous animal with the Director of Public Safety or his or her representative;
      (2)   Obtain a specialized registration tag identifying the animal as a dangerous animal; and
      (3)   Provide the Director of Public Safety or his or her representative the following:
         (a)   The name, address and telephone number of persons keeping or harboring a dangerous animal;
         (b)   Pay a $25 registration fee for each dangerous animal being kept;
         (c)   Proof that each dangerous animal which is four months of age or over has been vaccinated against rabies by a licensed veterinarian and supply name, address and phone number of veterinarian;
         (d)   Two identification photographs, color photos of at least three inches by five inches of each dangerous animal with one photograph showing the frontal view and the other showing a side view of each animal;
         (e)   Proof of a current public liability insurance policy in the amount of at least $250,000 for personal injury or death and $50,000 for property damage to cover injury or damage caused by a dangerous animal, which policy shall name the City of Heath as a co-insured; and
         (f)   Every owner, keeper or harborer of a dangerous animal shall be required to maintain the animal behind a fence, wall or other solid structure designed to prevent small children from inadvertently wandering into the enclosure. The fence, wall or other solid structure shall completely surround the animal and shall be not less than six feet in height, with no openings, holes or gaps large enough to put a human hand through. All doors or gates opening directly into the enclosure shall be equipped with self-closing and self-latching devices designed to keep and capable of keeping the doors or gates securely closed at all times when the animal is in the enclosure. A notice shall be posted by the door or gate to the enclosure stating, “BEWARE, DANGEROUS ANIMAL ON PREMISES.”
   (B)   An Animal Control Officer of the City shall inspect all animals suspected of being dangerous animals. When determination by the officer that in his or her judgment an animal is a dangerous animal, the officer shall provide written notice of the determination to the owner, keeper or harborer of the animal by registered mail, return receipt requested.
   (C)   No criminal action or proceeding shall be brought against an owner, keeper or harborer of an animal identified as a dangerous animal by an Animal Control Officer as provided in division (B) above for any act committed in violation of this chapter prior to, or less than ten days after, notification has been sent to the person pursuant to division (B) above.
   (D)   It shall be unlawful to transport or otherwise relocate the animal to another location for permanent domicile without first notifying the Director of Public Safety.
   (E)   It is a rebuttable presumption that identification by the City’s Animal Control Officer of an animal as a dangerous animal pursuant to this chapter establishes that fact as a matter of law. The burden to rebut that presumption lies with the party keeping or harboring the animal.
   (F)   There shall be an irrebuttable presumption that any dog registered with either the city or the American Dog Breeders Association or the United Kennel Club as a pit bull dog, or as any of the breeds listed in the definition of a pit bull dog, is in fact an animal subject to the requirements of this chapter.
(2005 Code, § 9-2-17)  Penalty, see § 10.99