(a) Classification of a dog as a nuisance dog shall be based upon specific behaviors exhibited by the dog. For purposes of this section, behaviors establishing a nuisance dog are the following:
(1) Nuisance classification is established if a dog without provocation bites any domestic animal without provocation.
(2) Nuisance classification is established if a dog, without provocation, engages in any of the following conduct:
A. Chases any person or domestic animal;
B. Displays behavior of which a reasonable person can conclude that the dog intends to attack and or cause harm to a person;
C. Attempts to bite a person;
(3) References to "designated dog" or "classified dog" in this section shall mean a dog classified as a nuisance dog.
(b) The Police Chief shall have authority to determine whether a dog has engaged in the behaviors specified in divisions (a)(2)A. and B. of this section. This determination may be based upon an investigation that includes observation of and evidence testimony about the dog's behavior, including the dog's upbringing and the owner's or keeper's control of the dog, and other relevant evidence as determined by the Police Chief. These observations and evidence can be provided by any witness who personally observed the behavior. Such witness shall sign a written statement attesting to the observed behavior and agree to provide testimony regarding the dog's behavior. Forms for providing witness testimony shall be made available at the Police Department.
(c) Upon reasonable determination by the Police Chief that a dog has engaged in a behavior specified in divisions (a)(2)A. and B. of this section, the Police Chief shall give the dog's owner or keeper written notice by certified mail or personal service. The notice shall state:
(1) The description of the dog;
(2) The level of classification;
(3) The facts upon which the classification is based;
(4) The availability of a hearing to object to the classification;
(5) The restrictions placed on the dog as a result of the classification;
(6) The penalties for violation of the restrictions; and
(7) The availability of declassification procedures.
(d) Upon receipt of notice of the dog's classification as a nuisance dog pursuant to division (b) of this section, the owner or keeper shall comply with the restrictions as specified in § 618.23.
(e) Notwithstanding divisions (a) through (c) of this section, the Police Chief shall have discretionary authority to refrain from classifying a dog as a nuisance dog, even if the dog has engaged in the behaviors specified in divisions (a)(l)A. and B. of this section, if the Police Chief determines that the behavior was provoked or other similar mitigating or extenuating circumstances existed.
(f) If a dog is classified pursuant to division (b) of this section, the owner or keeper of the dog shall have the right to an administrative hearing to object to the designation pursuant to § 618.25. At hearing, the Police Chief must show, by a preponderance of the evidence, that the designated dog is a nuisance dog.
(Ord. 16-O-60, passed 5-3-2017)