(A) Impoundment. Upon determination that a dog is deemed a dangerous dog, the owner shall surrender the dog to the Animal Control Officer and the Animal Control Officer is authorized to seize and impound the dog. The owner may redeem the dog upon written certification by the Animal Control Officer that the owner has complied with the Protective measures required by this ordinance. The dog shall remain impounded during the pendency of any appeal provided by ordinance or law unless the Animal Control Officer certifies compliance with protective measures provided above. The owner shall be responsible for all fees associated with impoundment housing, feeding, and care of the dog during impoundment.
(B) Notice. Unless surrendered to the Animal Control Officer by the owner, the Animal Control Officer shall notify the owner by personal service or certified mail, return receipt requested that the dog is deemed a dangerous dog, that the dog is impounded, and procedure for redemption. The Animal Control Officer shall immediately initiate notice requirements upon seizure and impoundment of the dog.
(C) Forfeiture. If the owner fails to redeem the dog as provided herein within ten days of receipt of notice by the owner, the dog shall be subject to disposal by any lawful means pursuant to the policy of the impounding facility. Under no circumstances shall the dog be returned to the owner or adopted by a new owner unless the Animal Control Officer certifies in writing compliance with the protective measures required herein.
(D) Protective measures.
(1) It shall be unlawful for an owner of a dangerous or potentially dangerous dog as defined and designated pursuant to this chapter to:
(a) Leave a dangerous or potentially dangerous dog unattended on the owner's real property unless the dog is confined indoors or in a secure enclosure which is locked. A secure enclosure means an enclosure that meets all of the following criteria:
1. An enclosure which is suitable to prevent the entry of young children and to prevent the dog from escaping;
2. An enclosure with secure sides and a secure top;
3. An enclosure with a bottom and whose sides are constructed at the bottom so as to prevent the dog's escape by digging under the sides.
(b) Permit a dangerous or potentially dangerous dog outside its secure enclosure unless the dog is leashed and muzzled or is otherwise securely restrained, muzzled and under the control of the person responsible for the dog at all times.
(2) If the owner of a dangerous or potentially dangerous dog transfers ownership or possession of the dog to another owner, the transferring owner shall provide written notice to:
(a) The Chief of Police, or his designee, stating the name and address of the new owner or possessor of the dog; and
(b) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior or breed and the authority's determination of dangerous or potentially dangerous dog.
(3) The owner shall tattoo or have implanted an identification microchip placed on the dog at the owner's expense and the identifying tattoo or microchip information provided to the Animal Control Officer for permanent identification of the dog.
(4) Any owner of a duly declared dangerous or potentially dangerous dog shall erect a sign (two feet by two feet) which shall be clearly visible from the public right-of-way on the enclosure housing said dog which shall read:
BEWARE! DANGEROUS DOG
(5) The owner of a dangerous or potentially dangerous dog is required to maintain in full force and effect a liability insurance policy of $100,000 for personal injury or death of any person resulting from an attack by such dangerous dog or potentially dangerous dog. The owner shall provide the Animal Control Officer with a certificate of insurance which shall require thirty (30) days written notice by the insurer or owner in the event of cancellation, reduction or other modifications of coverage. In addition to the notice requirement above, owner shall provide the Animal Control Officer with immediate written notice of cancellation, reduction, or other modification of coverage of insurance.
(6) If the owner of a dangerous or potentially dangerous dog does not own the property where the dog is being kept, then the owner of the dangerous or potentially dangerous dog must have written permission from the property owner where the dog is to be kept before such dog may be kept on the property owner's premises. This specifically includes, but is not limited to, dogs kept on the property of friends or relatives, and dogs kept on rental property.
(Ord. O-2011-07, passed 4-5-11)