(A) Where a dog is determined, pursuant to clear and convincing evidence at a duly constituted hearing to be dangerous, the Judge shall require the owner of said animal to register such animal with the appropriate Health Department or animal control facility and to provide prompt notification to the appropriate Health Department or animal control facility of any changes in the ownership of the animal; names, addresses and telephone numbers of new owners; any change in the health status of the animal; and further instances of attack; any claims made or lawsuits brought as a result of further instances of attack; the death of the animal.
(B) In addition, the Judge may require any or all of the following, but divisions (B)(5), (B)(6) and (B)(11) below may only be imposed where there has been serious injury to a person.
(1) Indoors, when not alone, the dog must be under the control of a person 18 years or older. (Provisions for the dog to be outdoors must also be made.)
(2) Outdoors and unattended, the dog must be kept within a locked fenced area from which it cannot escape.
(3) When outdoors, the dog must be attended and kept within a fenced area from which it cannot escape.
(4) When outdoors, the dog must be attended and kept on a leash no longer than six feet and under the control of a person 18 years of age or older.
(5) When outdoors, the dog must be attended and muzzled. Such muzzle shall not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(6) When outdoors and unattended, the dog must be confined to an escape-proof kennel of the following description.
(a) Such kennel shall allow the dog to stand normally and without restriction and shall be at least two and one-half times the length of the dog and shall protect the dog from the elements.
(b) Fencing materials shall not have openings with a diameter of more than two inches, and in the case of wooden fences, the gaps shall not be more than two inches.
(c) Any gates within such kennel or structure shall be lockable and of such design as to prevent the entry of children or the escape of the animal, and when the dog is confined to such kennel and unattended, such locks shall be kept locked.
(d) The kennel may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects, and the kennel or structure must have an escape proof covering on the top.
(7) Placement of a sign or signs of a description and in places directed by the Judge must advise the public of the presence and tendencies of said animal.
(8) Attendance by the dog and its owner/custodian at training sessions conducted by a certified applied animal behaviorist, Board-certified veterinary behaviorist or other recognized expert in the field and completion of training or any other treatment as deemed appropriate by such expert. The owners of the dog shall be responsible for all costs associated with the evaluation and training ordered under this section.
(9) Neutering or spaying of the dog at the owner’s expenses unless medically contraindicated.
(10) That the dog be permanently identified by tattooing or by injecting an identification microchip using standard veterinary procedures and practices, identification number and the identification of the person performing the procedure to be registered with the appropriate Health Department or animal control facility as indicated above.
(11) The procurement of liability insurance in an amount to be determined by the Judge but in no case in an amount of less than $50,000 covering the medical and/or veterinary costs resulting from future actions of the dog (a determination of liability shall be made in accordance with the laws of the state).
(12) If a further incident of attack occurs under such circumstances that the dog, have a hearing as described above, is determined to be a dangerous dog, the Judge may impose or re-impose any applicable directives listed above; additionally, humane destruction of the dog may be ordered but only where the further incident involves serious injury to a person.
(13) The dangerous dog shall not be allowed in a public park or public place.
(Ord. 10, 2006, passed 10-3-2006) Penalty, see § 90.99