(A) Dog bite injury classifications. Classification of dog bite injuries shall be based upon the specific injuries caused by the dog while not restrained. Such classifications of levels one, two, three, and four dog bite injuries are not progressive and may be initially classified at any level. Upon a finding by the court that one of the following levels of dog bite injuries has occurred, the court shall issue an order which shall impose the following requirements on the owner or harborer of the biting dog.
(1) A level one dog bite injury occurs if a dog is not restrained and inflicts a bite on another domestic animal or person which causes an oral scratch or a maximum of four punctures. Upon a finding by the court a level one dog bite injury has occurred, the court may impose a penalty under § 90.99 and shall order that the dog shall be spayed or neutered.
(2) A level two dog bite injury occurs if the dog is not restrained and inflicts a bite to another domestic animal or person which causes more than four punctures. Upon a finding by the court a level two dog bite injury has occurred the court may impose a penalty under § 90.99 and shall order that:
(a) The dog shall be spayed or neutered;
(b) No tethering of the dog if unattended by an adult or if prohibited in § 90.03(EE);
(c) Confinement of the dog as directed in writing by the Department.
(3) A level three dog bite injury occurs if a dog is not restrained and causes more than four punctures to another domestic animal or person or any act including broken bones, crushing, tearing from shaking, or internal injuries, resulting in injury or death of such domestic animal or person, a level three dog bite injury may initiate a dangerous animal investigation under § 90.08. Upon finding by the court that a level three dog bite injury has occurred the court may impose a penalty under § 90.99 and shall order that:
(a) The dog shall be spayed or neutered;
(b) No tethering of the dog if unattended by an adult or as prohibited in § 90.03(EE);
(c) Use of humane muzzle and leash on the dog when off property;
(d) Confinement of the dog as directed in writing by the Department.
(4) A level four dog bite injury occurs when there is a repeat occurrence of any dog bite injury level one, level two, or level three by a biting dog. A level four dog bite injury may also initiate a dangerous animal investigation under § 90.08.
(B) The owner or harborer of a dog which has caused any level of dog bite injury under this section shall report to the Department in writing any request to change the quarantine location of such dog prior to its relocation.
(C) Compliance. The owner or harborer of a dog(s) that has caused any level of dog bite injury under this section shall comply with each prospective classification provision of this section and may result in the imposition of a fine on the owner or harborer. Additionally, the Department shall have the authority to impound such dog pending a final disposition of the applicable court proceeding.
(D) Nonsequential order. Nothing contained in this division (A) shall prevent the Department from initially proceeding with the charge of dangerous animal under § 90.08.
(E) Declassification of dog bite injury. The owner or harborer may contact the Department to initiate the declassification of a dog bite injury concurrently with the payment of a declassification fee. The following conditions shall be met in order to declassify a dog bite injury:
(1) Dog(s) which have inflicted a level one dog bite injury shall not subsequently inflict a dog bite injury for a period of one year. Dogs which have inflicted a level two dog bite injury shall not subsequently inflict a dog bite injury for a period of three years.
(2) The owner or harborer shall provide the Department with written certification of the completion of obedience training acceptable to the Department for the dog whose dog bite injury is sought to be declassified.
(3) Satisfaction of the conditions in divisions (E)(1) and (2) may in the discretion of the Department result in the declassification of the dog bite injury.
(4) Dogs which have inflicted level three or four dog bite injuries shall not be eligible for dog bite injury declassification.
(Ord. G-21-15, passed 7-30-2021) Penalty, see § 90.99