(a) No owner, keeper, or harborer of any nuisance dog shall fail to do the following:
(1) While the dog is on the premises of the owner, keeper, or harborer, so as to prevent it from causing injury to any person or domestic animal:
A. Securely confine the dog indoors;
B. Securely confine the dog in a locked pen which has a secured top;
C. Securely confine the dog in a locked fenced yard, which fence is located in the rear yard with self-closing/self-latching gates on any openings of the fenced yard, at least six feet high; or
D. Keep the dog restrained by a non-retractable leash or tether no longer than six feet in length and have the leash or tether controlled by a person who is of sufficient size and strength to control the dog or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity.
(2) While the dog is off the premises of the owner, keeper, or harborer, so as to prevent it from causing injury to any person or domestic animal, muzzle the dog in a manner that will not cause injury to the dog or interfere with its vision or respiration, but allows the dog to eat and drink and prevents it from biting any person or animal, and also keep the dog restrained by a chain-link leash or tether no longer than six feet in length controlled by a person who is at least 18 years of age and of sufficient size and strength to control the dog or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity.
(3) Post and display on the premises where the nuisance dog is kept a conspicuous and legible sign visible from all areas of customary or actual public access, including adjacent properties, warning the public that there is a nuisance dog on the premises. Such sign shall be at least 12 inches by 18 inches in rectangular dimensions and shall contain only the words "NUISANCE DOG"in lettering not less than three inches in height. All signs in residential areas must be setback from the front property line a minimum of five feet. All signs are to be purchased by the dog owner and are to be approved by the Chief of Police or his designee.
(4) Within ten calendar days of the notice of classification, provide the Police Department with an identifying color photograph of the dog and microchip information if the dog is microchipped.
(5) Notify the Police Department immediately if the dog is loose or unconfined or has without provocation bitten a human or another domestic animal.
(6) Notify the Police Department in writing within five calendar days if the dog is transferred to another owner or keeper or dies. If the dog is transferred to another owner, the written notice shall include the name, address, and phone number of the transferee.
(7) Notify veterinarians, veterinary staff, groomers, and other members of the public who come into direct contact with the designated dog that the dog has been designated as a nuisance dog prior to such contact.
(b) In addition to the provisions of division (a) of this section, no owner or keeper of any nuisance dog shall fail to do the following:
(1) Muzzle the dog while the dog is off the premises of the owner, keeper, or harborer. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any personal or animal.
(2) Microchip the dog within 14 calendar days of the final determination of the dog as Level 1 potential nuisance dog and provide the microchip information to the Police Chief upon demand.
(3) Vaccinate the dog for rabies yearly and provide proof of vaccination to the Police Chief upon demand.
(4) Neuter or spay the dog within 14 calendar days of the final determination of the dog as a nuisance dog, unless a licensed veterinarian determines that neutering or spaying of the dog is medically contraindicated, and provide proof of alteration or exemption to the Police Chief upon demand.
(5) Maintain a policy of liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than ten thousand dollars ($10,000) because of damage or bodily injury to or death of a person or animal caused by such dog. Such insurance must be obtained within 14 calendar days of the final determination of the dog as a nuisance dog. The owner of any nuisance dog shall provide a copy of the policy for liability insurance to the Police Chief on a yearly basis.
(c) Notwithstanding divisions (a) and (b) of this section, the Police Chief shall have the discretion to decrease or increase a classified dog's restrictions at the time of classification based upon relevant circumstances and may order the owner or keeper to complete dog obedience training within a specified period of time. The Police Chief shall notify the owner or keeper of any modifications to the restrictions in writing.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree on the first offense, a misdemeanor of the third degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if a domestic animal or human is bitten by the dog without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief.
(Ord. 16-O-60, passed 5-3-2017)