(a) No owner, keeper, or harborer of any potential 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 and keep the dog under direct supervision by some person who is of sufficient size and strength to control the dog;
C. Securely confine the dog in a locked fenced yard, which fence is located in the rear yard with self-closing and self-latching gates on any openings of the fenced yard, at least six feet high, and keep the dog under direct supervision by a person who is of sufficient size and strength to control the dog; 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, including within common areas of multiple-unit properties, so as to prevent it from causing injury to any person or domestic animal:
A. Keep the dog restrained by a non-retractable tether leash or a leash 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; and
B. Identify the dog as a potential nuisance dog with a leash, collar, harness, vest, or other garment that is colored neon yellow, without patterns or other adornments except designs intended to increase visibility of the dog at night. The identifying garment shall be visible and identifiable to an ordinary person from at least 15 feet away so as to provide reasonable warning to that person about the dog's classification.
(3) Post and display on the premises where the potential nuisance dog is kept a conspicuous and legible sign visible from all areas of customary or actual public access warning the public that there is a potential nuisance dog on the premises. Such sign shall be at least eight inches by ten inches in rectangular dimensions and shall contain only the words "BEWARE OF DOG" in lettering not less than two inches in height. Such sign shall also include a visual symbol for any children or people who cannot read words. All signs in residential areas must be set back from the front property line a minimum of five feet. All signs are to be purchased from the City.
(4) Within ten calendar days of the notice of classification, provide the Division of Police with an identifying color photograph of the dog and microchip in-formation if the dog is microchipped.
(5) Notify the Division of Police immediately if the dog is loose or unconfined or has aggressively bitten a human or another domestic animal.
(6) Notify the Division of Police 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 designed as a potential nuisance dog prior to such contact.
(b) In addition to the provisions of subsection (a) of this section, no owner or keeper of any potential 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, including within common areas of multiple-unit properties. 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 person or animal.
(2) Microchip the dog within 14 calendar days of the final determination of the dog as potential nuisance dog and provide the microchip information to the chief upon demand.
(3) Vaccinate the dog for rabies yearly and provide proof of vaccination to the chief upon demand.
(4) Neuter or spay the dog within 14 calendar days of the final determination of the dog as a potential 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 chief upon demand.
(c) Notwithstanding subsections (a) and (b) of this section, the 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 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 aggressively 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 chief.
(Ord. 1-18. Passed 4-2-2018.)