(a) The owner of an animal involved in an unprovoked attack causing fatal or severe injury to a person shall surrender the animal for impoundment, and after the ten-day holding period the animal shall be humanely euthanized.
(b) The owner of an animal involved in a nonfatal or nonsevere bite shall surrender the animal for ten calendar days for rabies observation, an exception being wild or exotic animals which shall be destroyed and examined for rabies, in accordance with existing rabies control law.
(c) Owners of animals determined dangerous by definition or by hearing outlined above shall observe the following.
(1) The owner shall meet all requirements for keeping any animal such as licensing, registration and rabies inoculation and provide the Health Director with a record of each animal characterized as dangerous, including the name and address of the owner and the breed and age of the animal. The owner shall be responsible for keeping this record current. Such animals must be confined or leashed at all times.
(2) A dangerous animal shall wear an identifying collar and be permanently marked by a tattoo as prescribed by the Health Director on the inside left flank.
(3) While on the owner’s property a dangerous animal must be securely confined indoors or in a securely enclosed and locked pen or kennel suitable to prevent entry or reaching through of young children and designed to prevent the animal from escaping. The pen or kennel may not share common fencing with an area or perimeter fence. The kennel or pen must have secure sides at least six feet in height; a secure top attached to all sides; the sides must be either buried two feet into the ground, sunken into a concrete pad or securely attached to a wire bottom. The gate to the kennel must be locked. The enclosure must also provide protection from the elements for the animal and have a ground area of at least five feet by 20 feet. The owner or keeper shall display a sign on his or her premises warning that there is a dangerous animal on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare. A sign measuring 12 by 18 inches with prominent words “Beware of Dangerous Animal” will suffice.
(4) A dangerous animal may be off the owner’s premises if it is muzzled to prevent it from biting and restrained by a substantial chain or leash not exceeding three feet in length and under the control of a responsible adult. The muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration. If a dangerous animal escapes its confinement or frees itself from its owner, an Animal Control Officer or other law enforcement officer is authorized to destroy the animal on the spot, if in his or her judgment the animal cannot be safely captured without causing harm to the officer or the public. The officer shall not be held liable for the loss of the animal.
(5) The owner must allow officers of the Animal Control Department to make whatever inquiries are deemed necessary to ensure compliance with these provisions, including inspection of the owner’s premises where the dangerous animal is confined.
(6) If the owner of the animal that has been designated dangerous is unwilling or unable to comply with the above regulations for keeping such an animal then he or she must have the animal humanely euthanized by the Animal Control Department or a licensed veterinarian after a holding period of ten calendar days. All costs shall be borne by the owner.
(7) The owner of a dangerous animal, and if the owner is a minor, the parent or guardian, shall be responsible for compliance with the specifications of this article for care, confinement and restraint of the animal and shall also be liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by the animal. This includes all medical and health care costs.
(8) The owner shall notify the Animal Control Department of any change in status of the dangerous animal immediately of learning that it is loose, unconfined, has attacked another person or domestic animal, or has died, or has been sold or given away. The name, address and telephone number of the new owner must be provided.
Penalty, see § 11-47