(a) Classification of a dog as a potential nuisance dog shall be based upon specific behaviors exhibited by the dog. References to "designated dog" or "classified dog" in this section shall mean a dog classified as a potential nuisance dog. References to "chief" in this chapter shall mean the chief of the Division of Police or his or her designee. References to "Director of Public Safety" in this chapter shall mean the Director of Public Safety or his or her designee.
(b) The chief shall have authority to classify a dog as a potential nuisance dog. This classification may be based upon an investigation that includes observation of and 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 chief. These observations and testimony can be provided by any witness who personally observed the behavior. Such witness may be required to 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 in the Division of Police.
(c) Upon a dog's classification by the chief as a potential nuisance dog, the chief shall give the dog's owner, keeper or harborer written notice by certified mail, residence service 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 potential nuisance dog pursuant to subsection (c) of this section, the owner or keeper shall comply with the restrictions as specified in Section 506.04.
(e) Notwithstanding subsections (b) through (d) of this section, the chief shall have discretionary authority to refrain from classifying a dog as a potential nuisance dog, even if the dog has engaged in the behaviors specified in Section 506.01(h), if the chief determines that the behavior was not unprovoked or other similar mitigating or extenuating, circumstances existed.
(f) If a dog is classified as a potential nuisance dog pursuant to subsection (c) 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 Section 506.08. At hearing, the chief must show, by a preponderance of the evidence, that the dog exhibited the behaviors identified in Section 506.01(h).
(Ord. 1-18. Passed 4-2-2018.)