(A) The Animal Control Officers shall make a determination as to whether an animal fits the dangerous, or potentially dangerous, category based on complaints or other information. The Animal Control Officers shall investigate these complaints, or the information, to determine if, in fact, the animal is dangerous, or potentially dangerous. This shall be done on a case-by-case basis.
(1) (a) If the Animal Control Officers determine that an animal is dangerous, or potentially dangerous, the Animal Control Officers shall issue a written determination setting forth the findings that support this determination.
(b) The written determination shall be dated and include an itemized estimate of the reasonable expenses the County Animal Control/Shelter expects to incur for the care of the animal from the time of the written determination to a minimum of 30 days thereafter. Such expenses shall include, but are not limited to, kennel fees and the estimated cost of emergency and routine veterinary care.
(2) On the date the Animal Control Officers make a written determination that an animal is either dangerous, or potentially dangerous, the County Animal Control/Shelter shall provide notification to the owner(s) of the animal that the animal has either been deemed dangerous, or potentially dangerous, and the animal shall be confined at the County Animal Control/Shelter.
(3) Following the date the County Animal Control/Shelter provided notification to the owner(s) of the animal under (A)(2) above, the following action shall be taken:
(a) If, following notification to the owner(s), the owner(s) signs a release form requesting that the dangerous, or potentially dangerous, animal be humanely destroyed, then the County Animal Control/Shelter may, in its discretion, have the animal humanely destroyed; and
(b) If, following notification to the owner(s), the owner(s) agrees that the animal is either a dangerous, or potentially dangerous, animal and agrees, in writing, to comply with all the requirements set forth in this section regarding confinement of certain animals, then the County Animal Control/Shelter shall release the animal to the owner(s).
(4) The owner(s) may appeal the determination of the Animal Control Officers that an animal is either a dangerous, or potentially dangerous, animal as follows:
(a) No later than 15 days following written notification of the owner(s), the owner(s) shall:
1. Submit a written request to the County Board of Commissioners; and
2. Posts with the County Clerk’s Office a bond in the amount specified by the Animal Control Officers’ written determination. The owner(s) may renew a bond by posting a new bond, in an amount sufficient to provide for the animal’s care and keeping for at least an additional 30 days, not later than ten days after the expiration of the period for which a pervious bond was posted. If a bond expires, the County Animal Control/Shelter may, in its discretion, humanely destroy the animal.
(b) The County Board of Commissioners shall hear any appeal of the determination of the Animal Control Officers. The Board shall take action on any appeal within 30 days of the date the Board receives a written request. The Board may either affirm or reverse the written determination of the Animal Control Officers. If the Board of Commissioners fail to take action within 30 days, then the determination of the Animal Control Officers is automatically affirmed.
(c) Once disposition of the animal is determined, any bond posted shall be released to the County Animal Control/Shelter to cover the costs for confinement of the animal and care of said animal for the number of days the animal was in custody of the County Animal Control/Shelter. Any unused portions of the bond shall be returned to the individual who posted the bond.
(5) If the Animal Control Officers have not been able to provide notification to the owners within a reasonable length of time, and the owner(s) decline to sign a release as set out in division (A)(3)(a) above, or fails or refuses to agree in writing to comply with all of the requirements set forth in this section as required by division (A)(3)(b) above, or fails to file a timely appeal under division (A)(4) above, then the County Animal Control/Shelter may, in its discretion, humanely destroy the animal.
(B) The owner shall confine, within a building or secure enclosure, every fierce, dangerous, or vicious animal, and not take such animal out of such building, or secure enclosure, unless such animal is securely muzzled and a leash is secured to a choker chain around the animal’s neck, and the owner is in complete control of the leash. The animal shall not be removed from the enclosure by anyone but the owner, who must be 18 years of age or older. A warning sign and a padlock of sufficient size to be capable of securely confining the animal must be on all gates that enter the area of confinement. If the animal is inside the home, the door to the confined area must be secure and must be locked while the animal is in the home. This animal must be microchipped by a licensed veterinarian or the County Animal Control/Shelter, and the number kept on file at the County Animal Control/Shelter. For as long as this animal is in the county, Animal Control Officers will make periodic inspections to verify that compliance with the conditions for which the animal is to be kept are met. This animal is not to be given away or taken away without the County Animal Control/Shelter knowing where the animal is to be housed. The cost of the microchip and registration to be at the owner’s expense.
(C) The owner shall confine every potentially dangerous animal within a six-foot high fenced in a yard, or secure enclosure pen that is constructed so that the animal cannot get out. The owner shall not take the animal out unless said animal is under control on a leash, with a choke collar attached, at all times. The animal is not to be allowed to run free, and must be with the owner, who must be 18 years of age or older. A warning sign and a padlock of sufficient size to be capable of securely confining the animal must be on all gates that enter the area of confinement. If the animal is inside the home, the door to the confined area must be secure and must be locked while the animal is in the home. This animal must be microchipped by a licensed veterinarian or the County Animal Control/Shelter, and the number kept on file at the County Animal Control/Shelter. For as long as this animal is in the county, Animal Control Officers will make periodic inspections to verify that compliance with the conditions for which the animal is to be kept are met. This animal is not to be given away or taken away without the County Animal Control/Shelter knowing where the animal is to be housed. The cost of the microchip and registration to be at the owner’s expense.
(1) It is the owner’s responsibility to conspicuously place a sign on every dangerous, or potentially dangerous, animal’s enclosure warning people that a dangerous, or potentially dangerous, animal is kept there.
(2) If the owner or keeper of an animal that has been deemed dangerous, or potentially dangerous, is unwilling, or unable, to comply with the above regulation for keeping such animal, then the owner or keeper must have the animal humanely euthanized, destroyed by either a veterinarian or the County Animal Control/Shelter, after any required holding period. Any animal that has been designated dangerous, or potentially dangerous, may not be offered for adoption.
(3) Any dangerous animal shall be immediately confiscated by an Animal Control Officer if:
(a) The animal is not maintained in a proper enclosure; or
(b) The animal is outside of the proper enclosure and not under proper restraint. In addition, the owner may be cited for a chapter violation.
(4) Once an animal has been deemed a dangerous, or potentially dangerous, animal and attacks or bites a person or domestic animal, the owner may be cited. In addition, the dangerous animal shall be quarantined at the County Animal Control/Shelter.
(5) When an animal running at large appears to be an immediate physical threat to the public or other animals, and it cannot be safely, or humanely, captured by the Animal Control Officers, an officer of the law may be called and requested to destroy the animal as a last resort.
(D) Every female dog in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that said female dog cannot come into contact with another animal, except for breeding purposes, as the owner shall desire.
(E) No wild animal may be kept within the county limits, except under such conditions as shall be fixed by the County Planning and Zoning Department, and the state.
(F) Any at large animal described in this section shall be impounded by the County Animal Control/Shelter, and may not be redeemed by its owner unless such redemption is authorized by a court having jurisdiction. This provision shall also apply to animals found to be in violation of § 91.08(A). Any animal impounded for being a dangerous, or potentially dangerous, animal may not be redeemed unless such redemption is authorized by a court having jurisdiction. The owner will be responsible for all fines and fees, and proof of all vaccinations before the release of the animal.
(Ord. 2018-12, passed 6-26-2018) Penalty, see § 91.99