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(A) After an investigation, the Police Chief or his or her designee is authorized to make a determination whether a dog is problematic based on the factors listed in § 90.51 of this chapter and shall notify the owner of the dog in writing by certified mail or hand delivery with signature of that status.
(B) Following attempted notice to the owner if the Police Chief or his or her designee has probable cause to believe that a dog is a problematic or dangerous dog and may pose a threat to public safety, the Police Department may, by owner consent or warrant, impound the dog pending disposition of the case or until the dog owner has fulfilled the requirements hereof. The owner of the dog will be liable for the costs of impounding and keeping the dog.
(C) The owner may request a hearing before a review committee by sending a written notice to the City Clerk within ten days after the date of notice from the city of the determination of a problematic dog. Upon receipt of a request for hearing, the review committee shall schedule a hearing concerning the determination of a problematic or dangerous dog to be held within 30 days after receipt by the city of the request for hearing. The determination regarding a problematic or dangerous dog shall be stayed pending the results of the hearing.
(D) If the owner timely requests a hearing before the review committee pursuant to § 90.52(C), such hearing shall follow the following procedures:
(1) A hearing officer appointed by the review committee shall impartially preside over the hearing.
(2) Each case before the hearing officer shall be presented by the Police Chief or his or her designee who will have the burden of presenting evidence that the dog is a problematic or dangerous dog and should be classified as such. If the evidence indicates that the dog is problematic or dangerous, the burden is on the owner to present evidence that the dog is not problematic or dangerous. At the hearing, the Chief of Police or his or her designee may call witnesses, cross examine witnesses, present evidence, and examine evidence.
(3) All testimony shall be under oath and shall be recorded. The hearing officer shall hear testimony from the animal control officer, the owner of the dog, and any witnesses for either side. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(4) At the conclusion of the hearing, the hearing officer shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order classifying a dog as problematic or dangerous, or an order stating that there's insufficient cause to declare the dog as problematic or dangerous. A decision by the review committee overturning the determination shall not affect the city's right to later declare a dog to be a problematic or dangerous dog, or to determine that the dog poses a threat to public safety, for the dog's subsequent behavior.
(5) Nothing in this section shall prohibit a hearing officer from taking a case under advisement or continuing a hearing in the interest of justice.
(6) If any dog previously determined to be a problematic or dangerous dog has not exhibited any of the behaviors specified in § 90.51 of this chapter within 12 months since the date of the problematic or dangerous dog determination, then that dog is eligible for a review of the determination with the potential for lifting the requirements of this section. Annual reviews shall be completed by the Police Chief upon application of the owner, which application shall be made to the City Clerk. The Police Chief may rescind the problematic dog designation. may rescind or amend specific requirements set forth in the designation, or may take no action.
(E) (1) If an owner applies for an annual review to the Police Chief and the owner is aggrieved by the Police Chief’s decision, the owner may make application to the review committee to have the problematic or dangerous dog designation or any requirements contained therein rescinded or amended. The owner shall make such application by providing a written request for hearing to the City Clerk. The application must be submitted within 15 days from the date of the Police Chief’s decision to continue the problematic dog determination must set forth the full name of the applicant and the subject dog, and must contain a certification that no further violations of this chapter have occurred in the 12-month period immediately preceding such application. Within 20 days of receipt of the application, the City Clerk shall set the matter for hearing before the review committee, which hearing shall occur no later than 45 days after the date the application was filed with the City Clerk.
(2) In rendering its decision, the review committee may consider, among other items, the severity of the incident that resulted in the designation, the need to protect the public from further incidents, the likelihood of future incidents based on the history of the owner and/or the subject dog. For dangerous dogs, the review committee shall require the owner to provide proof of successful completion of a behavioral modification program administered by a certified dog trainer, dog behavior consultant, veterinary behaviorist or equivalent training from a nationally recognized certifying body before rendering a decision.
(3) At the conclusion of the hearing, the review committee may rescind the problematic or dangerous dog designation, may rescind or amend specific requirements set forth in the designation, or may take no action. The original problematic dog determination shall remain in effect pending the results of the hearing. In the event the review committee declines to rescind or amend the problematic or dangerous dog designation or any requirements contained therein, the owner may not request another hearing before the review committee for another 12 months from the date of the review committee's decision, unless the review committee in rendering its decision shall specifically provide for a subsequent review within a shorter period of time.
(Ord. 2239, passed 11-4-2014; Ord. 2280, passed 1-4-2017; Ord. 2426, passed 3-20-2023)
(A) After an investigation, the Police Chief or his or her designee is authorized to determine whether a dog is vicious based on the factors listed in § 90.51 of this chapter, and shall notify the owner of the dog in writing by certified mail or hand delivery with signature of that status.
(B) (1)
Following attempted notice to the owner, if the Police Chief or his or her designee has probable cause to believe that a dog is a vicious dog and may pose a threat to public safety, the Police Department may obtain a search warrant pursuant to this jurisdiction’s rules of civil procedure and impound the dog pending disposition of the case.
(2) The owner of the dog will be liable for the costs of impounding and keeping the dog.
(C) (1) The owner may request a hearing before a review committee by sending a written notice to the City Clerk within five days after the date of notice from the city of the determination of a vicious dog. Upon receipt of a request for hearing, the review committee shall schedule a hearing concerning the determination of a vicious dog to be held within 30 days after receipt by the city of the request for hearing. The determination regarding a vicious dog shall be stayed pending the results of the hearing.
(2) If the owner timely requests a hearing before the review committee pursuant to § 90.53(C)(1), such hearing shall follow the following procedures:
(a) A hearing officer appointed by the review committee shall impartially preside over the hearing.
(b) Each case before the hearing officer shall be presented by the Police Chief or his or her designee who will have the burden of presenting evidence that the dog is a vicious dog and should be classified as such. If the evidence indicates that the dog is vicious, the burden is on the owner to present evidence that the dog is not vicious. At the hearing, the Chief of Police or his or her designee may call witnesses, cross examine witnesses, present evidence, and examine evidence.
(c) All testimony shall be under oath and shall be recorded. The hearing officer shall hear testimony from the animal control officer, the owner of the dog, and any witnesses for either side. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(d) At the conclusion of the hearing, the hearing officer shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order classifying a dog as vicious, or an order stating that there's insufficient cause to declare the dog as vicious. A decision by the review committee overturning the determination shall not affect the city's right to later declare a dog to be a vicious dog, or to determine that the dog poses a threat to public safety, for the dog's subsequent behavior.
(e) Nothing in this section shall prohibit a hearing officer from taking a case under advisement or continuing a hearing in the interest of justice.
(Ord. 2239, passed 11-4-2014; Ord. 2280, passed 1-4-2017; Ord. 2426, passed 3-20-2023)
(A) No dog shall be declared a vicious, dangerous or problematic dog if the dog threatened, injured, or damaged a person or domestic animal because it was provoked by that person or animal. For purposes of this section, any attack by an animal or physical injury caused by an animal shall be considered provoked if at the time the attack occurs or the injury is inflicted: (1) the person or animal who was attacked or injured was teasing, tormenting, abusing, or assaulting the animal; (2) the animal was protecting a person, itself, its young, or another domestic animal from an attack by a human being or another animal; or (3) the person who was attacked or injured was committing a crime on the property or was attempting to commit a crime or violating or attempting to violate a statute or ordinance which protects person or property of the animals responsible party or (4) the animal was being utilized by a law enforcement agency for law enforcement purposes while under the control and direction of a law enforcement officer.
(2) The Police Chief or designee shall cause a dog to be quarantined for observation for a minimum period of no less than ten days when any such dog has bitten any person causing a skin puncture, serious injury, disabling injury or fatal injury. If said dog has a current rabies certificate and has bitten a domestic animal or is a familial household member to the victim, then such quarantine may be at the discretion of the person or persons in charge of animal enforcement and the quarantine may occur on the owner’s premises in a manner ordered and as directed. If the owner fails to confine the dog as directed, then it shall be apprehended and held for the remainder of the ten-day quarantine at a veterinarian’s office or animal control facility. If said dog has not been vaccinated against the rabies virus or the rabies vaccination has since expired then said dog will be quarantined at a veterinarian’s office or animal control facility for no less the ten days. If a dog is placed in quarantine outside of the home, the owner shall be required to pay the impounding fees. If the owner fails to pay the fees at the end of the period of isolation as directed by the animal enforcement authority, the animal will be turned over to the local animal shelter for assessment of adoptability. If said animal is deemed unadoptable it will be humanely euthanized. If a dog has bitten a domesticated animal or a person or caused a skin puncture, serious injury, disabling injury or fatal injury upon a person and is unclaimed or the owner is unknown, then it shall be held for a quarantine time of no less than ten days and then may be humanely euthanized. The Chief of Police or designee may order an in-home quarantine in the event kennel space is not available to house a dog.
(4) The Police Chief or his or her designee may require immediate impoundment of the dog if the owner is unable or unwilling to comply with the requirements of § 90.55 of this chapter until the owner of the dog has satisfied all the requirements of the certificate of registration. The requirements must be met within 30 days. If, after 30 days, the owner has not satisfied all the requirements of the certificate of registration, the dog may be humanely euthanized on the thirty-first day. The owner of the problematic, vicious or dangerous dog shall be liable to the animal control facility designated to hold said dog for all costs incurred while housing whether or not the dog is reclaimed by the owner.
(5) If the Police Chief or his or her designee determines that a dog is a vicious dog under § 90.53 of this chapter, the dog shall be euthanized at the owner's expense. Vicious and dangerous dogs, or dogs that have previously been designated as "vicious dog" or "dangerous dog" by another jurisdiction or its substantial equivalent are prohibited from residing within the city limits of Newton.
(Ord. 2239, passed 11-4-2014; Ord. 2280, passed 1-4-2017; Ord. 2426, passed 3-20-2023; Ord. 2459, passed 12-2-2024)
(A) The Police Department shall issue a certificate of registration to the owner of a problematic dog if the owner establishes to the satisfaction of the Police Chief, or his or her designee that:
(1) The owner of the problematic dog is 18 years of age or older;
(2)
The owner of the problematic dog shall present a certificate of insurance issued by an insurance company licensed to do business in the state, providing personal liability insurance coverage as in a homeowner’s policy, with a minimum liability amount of $125,000 for the injury or death of any person, for damage to property of others and for acts of negligence by the owner or his or her agents. The certificate shall require notice to the city, in conformity with general city standards for certificates of insurance, if the underlying policy of insurance is cancelled for any reason. In lieu of such a certificate, a copy of a current homeowner’s policy designating these requirements shall be sufficient proof of insurance for purposes of this division (A)(2). If a certificate of insurance or policy is not immediately available, a binder indicating the coverage may be accepted for up to 30 days subsequent to the determination that a dog is problematic; however, if after 30 days a certificate of insurance or a policy has not been submitted, the dog shall be deemed unlicensed and subject to immediate impoundment or humane euthanasia at the owner’s expense;
(3) A valid license has been issued for the problematic dog at the owner’s expense pursuant to jurisdiction;
(4) The problematic dog has a current rabies vaccination at the owner’s expense;
(5) The owner has a proper enclosure to prevent the entry of any person or animal and the escape of said problematic or dangerous dog, as described in § 90.51 of this chapter;
(6) The problematic dog has been spayed or neutered at the owner’s expense;
(7) The problematic dog has been implanted with a microchip containing owner identification information at the owner’s expense. The microchip information must be registered with the law enforcement, the animal authority, the animal control authority or his or her designee of the jurisdiction; and
(8) The problematic dog has been photographed for identification purposes.
(B) The Police Department shall issue a certificate of registration to the owner of a vicious dog if the owner, in addition to satisfying the requirements for registration of a problematic dog pursuant to division (A) above, establishes to the satisfaction of the Police Chief or his or her designee that:
(1) The owner will maintain the dangerous dog exclusively on the owner’s property, except for medical treatment or examination; and
(2) The owner of the dangerous dog has posted on the premises a clearly visible “Beware of Dog” warning sign indicating there is a dangerous dog on the property. The sign shall be prominently visible from the public roadway or 50 feet, whichever is less.
(C) The Police Chief or his or her designee may order the immediate impoundment of a dog if the owner fails to abide by the conditions for registration or confinement or handling of a vicious, dangerous or problematic dog.
(Ord. 2239, passed 11-4-2014; Ord. 2280, passed 1-4-2017; Ord. 2426, passed 3-20-2023)
It shall be unlawful to:
(A)
Keep a dog determined to be dangerous or problematic without a valid certificate of registration issued under § 90.55 of this chapter;
(B) Permit a problematic dog to be outside a proper enclosure unless the problematic dog is under the control of a responsible person, as defined in § 90.51 of this chapter, muzzled, and restrained by a substantial lead not exceeding six feet in length. The use of retractable leads is prohibited. The muzzle shall be made in a manner that will not cause injury to the dog or obscure its vision or interfere with its respiration, but shall prevent it from biting any human being or animal. The use of a muzzle is not required on the owner's property. Problematic dogs are prohibited from being in city owned parks or dog parks;
(C) Fail to maintain a dangerous dog exclusively on the owner’s property as required except for medical treatment or examination. When removed from the owner’s property for medical treatment or examination, the dangerous dog shall be crated or under the control of a responsible person, as defined in § 90.51 of this chapter, muzzled and restrained with a substantial lead not exceeding six feet in length. The muzzle shall be made in a manner that will not cause injury to the dog or obscure its vision or interfere with its respiration, but shall prevent it from biting any human being or animal;
(D) Keep a dangerous or problematic dog chained or otherwise tethered to any object or structure, including, but not limited to, trees, posts, stakes, fences, buildings or other structures;
(E) Fail to notify immediately the Police Department in person or by telephone upon escape if a dangerous or problematic dog is on the loose, is unconfined, has attacked a domestic animal or has attacked a human being;
(F) Fail to notify within seven days the Police Department with the name, address and telephone number of the new owner of the dangerous or problematic dog if the dog has been sold or has been given away to an owner inside or outside the jurisdiction; and, if requested by the Police Chief or his or her designee, the owner must execute an affidavit under oath setting forth the complete name, address and telephone number of the person to whom the dog has been transferred;
(G) Fail to notify, within seven days, the Police Department of a change of address or telephone number by the owner of the dangerous or problematic dog;
(H) Fail to notify within seven days the Police Department if the dangerous or problematic dog has died; and
(I) Fail to surrender a vicious, dangerous or problematic dog to law enforcement, the animal control authority or his or her designee for safe confinement pending a disposition of the case when there is a reason to believe that the vicious, dangerous or problematic dog poses an imminent threat to public safety.
(J) The animal owner's property and the animal are subject to periodic inspection by the Police Department to ensure compliance with this subchapter.
(Ord. 2239, passed 11-4-2014; Ord. 2280, passed 1-4-2017; Ord. 2426, passed 3-20-2023) Penalty, see §
90.99
(A) Penalties for violations of this chapter are as follows.
(1) Fee/impoundment ticket. In the event that an animal is observed at large, but cannot be captured for impoundment, or in the event its owner refuses to relinquish possession of such animal for impoundment, an enforcement/impoundment fee ticket may be issued to its owner requiring the payment of a fee for the city’s cost in attempting to impound the animal and enforce the provisions of this chapter.
(2) Misdemeanor. In the event the owner of an animal has been served a ticket for the payment of the enforcement/impoundment fee and fails to pay the required amount due to the city within 30 days of the date of issuance, such failure shall constitute a misdemeanor punishable by a fine of at least $65 but not to exceed $625.
(3) Municipal infraction. In the event an owner violates any provision of this chapter, said owner shall be subject to penalties provided in § 10.99(B)(2) of this code of ordinances.
(2011 Code, § 13.0310)
(B) Failure to comply with an order of the City Council issued pursuant to § 90.04(C) of this chapter shall constitute a misdemeanor and shall be punishable by a mandatory minimum fine of at least $200, but not more than $625.
(2011 Code, § 13.0308)
(b) Civil fines, penalties and fees may be imposed as alternative sanctions for any infraction of the provisions of this act, or the rules issued under authority of this act.
(2) (a) A REPEAT OFFENDER is a person who:
2. Owns, harbors or keeps one or more dogs.
(b) A repeat offender shall be penalized in one or all of the following ways:
1. Civil fines up to the maximum provided by law;
2. Surrender of all of the owner’s dogs to animal control authorities; and
3. An order to refrain from owning, keeping or harboring those dogs or any dog or dogs for a period of three years.
(d) Disposal of a dog or dogs by any method specified herein does not relieve the repeat offender of liability for violations and any accrued charges.
(e) The provisions hereof shall be in addition to any other civil, criminal or administrative laws, regulations or causes of action against the owner of the dog or any other person, firm, corporation or governmental entity or employee.
(Ord. 2205, passed 1-28-2013; Ord. 2239, passed 11-4-2014; Ord. 2320, passed 1-3-2018; Ord. 2426, passed 3-20-2023)