A. Definitions:
DANGEROUS DOG: As used in this chapter, shall mean any dog:
1. Which has exhibited a propensity, tendency or disposition to attack, to cause injury or to otherwise threaten the safety of human beings or domestic animals; or
2. Which, without provocation, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack; or
3. Which has severely injured or killed a domestic animal, without provocation, while not properly restrained on the owner's or possessor's property; or
4. Which has attacked, bitten or inflicted a physical injury on a human being without provocation; or
5. Which, with or without provocation, has inflicted severe injury upon or caused the death of a human being; or
6. Which is owned or harbored primarily or in part for the purpose of dogfighting or any dog used for dogfighting. A dog shall not be found to be owned or harbored for the purpose of dogfighting solely on the basis of an exercise program or the use of exercise equipment.
POTENTIALLY DANGEROUS DOG: As used in this chapter, shall mean any dog:
1. Which has been found running at large and impounded, or whose owner has received citations for violations of this title concerning the dog in question, two (2) or more times within any twelve (12) month time period; or
2. Which, without provocation, acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape; or
3. Which, without provocation, has tried to attack a person or domestic animal if it is restrained by a leash, fence or other means and it is clear that only the presence of the leash, fence or other means of restraint prevented the dog from immediate attack.
PROVOCATION: Any act toward a dog done with the intent to tease, torment, abuse, assault or otherwise cause a reaction by the dog; provided however, that any act by a person done in self-defense shall not be considered to be a provocation. "Provocation" shall also include any act by a dog in defense of a litter while the dog was properly confined on the owner's property.
B. Determination; Abatement:
1. Options: If the animal services coordinator determines that a dog is a "dangerous dog", as defined herein, the animal services coordinator shall either proceed to abate the animal under subsection 13-2-7B of this chapter, attempt to obtain the written consent of the dog's owner to euthanize the dog, or require the owner to register and restrain the dog in accordance with this chapter. If the animal services coordinator determines that a dog is a "potentially dangerous dog" as defined herein, the animal services coordinator shall provide written notice to the owner or keeper of the dog, and shall require the owner to register, pay applicable fees, and restrain the dog in accordance with this chapter.
2. Aggravating Circumstances: If aggravating circumstances are determined to exist, the animal services coordinator shall immediately proceed with abatement proceedings and shall not provide the owner with the option of registration. Aggravating circumstances may include any of the following circumstances:
a. That the unprovoked attack resulted in the death or severe injury of a human being. "Severe injury" means any injury that results in fractured bones, extensive medical care, or maiming.
b. That the dog in question has previously, without provocation, attacked, bitten or inflicted physical injury on a human being or domestic animal.
c. That the dog has previously been registered to be a dangerous dog or potentially dangerous dog and either repeats the same or similar behavior or whose owner fails to comply with the ordinances pertaining to registration or control of dangerous dogs or potentially dangerous dogs.
3. Exceptions: No dog shall be considered dangerous or potentially dangerous if the finding is based solely on the fact that the dog attacked, bit or menaced a person committing a crime against person or property at the time of the attack.
4. Owner Knowledge: It shall not be necessary, in order to sustain a charge of maintaining a nuisance to prove that the owner knew that such dangerous dog possessed the propensity to attack, cause injury or threaten persons or other animals where the owner continues to maintain the dangerous dog.
5. Hearing: An owner or keeper of a dog that is determined to be a "potentially dangerous dog" pursuant to this subsection may appeal such decision before a hearing officer by filing a written application in the office of the city recorder for a hearing and present and contest such determination before a hearing officer. Such application shall be filed within ten (10) calendar days of the date of the notice of decision and shall be accompanied by a twenty five dollar ($25.00) filing fee. The hearing shall be conducted as provided in title 4, chapter 4, article A, "Administrative Hearings", of this code. The burden of proving that a dog should not be considered a "potentially dangerous dog" shall be on the appellant.
C. Registration:
1. Required: It is unlawful for an owner to have a dangerous dog or potentially dangerous dog within the limits of the city without a certificate of registration issued by the animal services coordinator. This action shall not apply to dogs used by law enforcement officials for police work.
2. Requirements: A dangerous dog, or potentially dangerous dog, shall not be registered by the animal services coordinator unless the owner shall meet the following requirements:
a. The owner shall, on or prior to the effective date of such registration, have an enclosure, as described in subsection D1 of this section, for the dangerous dog or potentially dangerous dog on the property where the dog will be kept or maintained. The "effective date" shall be determined at the time of the bite or aggressive behavior causing the "dangerous dog" requirements to be imposed.
b. The owner shall display a sign on the premises warning that there is a dangerous or vicious dog on the premises. The sign shall be clearly visible and capable of being read from the closest public thoroughfare or highway. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.
c. The owner shall, at his own expense, have the animal licensed and microchipped.
d. The owner may, at the owner's expense, have the licensing number assigned by the city to such dangerous dog or potentially dangerous dog permanently tattooed upon the dog by a licensed veterinarian or person trained by profession as a tattooist. The tattoo shall be placed on the upper left rear thigh of the dog. The animal services coordinator may otherwise designate the particular location of the tattoo.
e. The owner shall at all times cause the dangerous dog or potentially dangerous dog to wear a collar with a tag of a color and type designated by the animal services coordinator so that the dog is readily identifiable as a dangerous dog or potentially dangerous dog.
f. The owner shall, at his own expense, have the dangerous dog or potentially dangerous dog spayed or neutered by a licensed veterinarian.
g. The owner shall sign a statement attesting that:
(1) The owner shall abide by the requirements of registration and the ordinances as they pertain to the control of dangerous dogs or potentially dangerous dogs within the limits of the city;
(2) The owner or keeper shall notify the division immediately if a dangerous dog or potentially dangerous dog is on the loose, is unconfined, or has attacked another animal or a human being. If the dangerous dog has died, been sold or given away, the owner or keeper shall notify the animal services coordinator by the end of the next business day and shall also provide the division with name, address and telephone number of the new owner of the dangerous dog or potentially dangerous dog;
(3) The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by subsection C2i of this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the dangerous dog or potentially dangerous dog prior to expiration of such license; and
(4) The owner shall agree to inspection of the premises in order to ensure compliance with the ordinance controlling dangerous dogs or potentially dangerous dogs.
(5) In the event the dangerous dog or potentially dangerous dog is usually kept on premises owned by someone other than the owner of the dog, the owner of the dog must obtain written permission from the landlord or property owner to keep the dog on such premises, a copy of which shall be filed with the city at the time of licensing.
h. The owner shall pay an annual registration fee as specified in subsection 13-2-3A8 of this chapter. Said fee shall be over and above regular license fees.
i. The owner or keeper shall present to the division proof that the owner or keeper has procured liability insurance in the amount of at least fifty thousand dollars ($50,000.00), covering any damage or injury that may be caused by such dangerous dog or potentially dangerous dog during the twelve (12) month period for which licensing is sought, which policy shall contain a provision requiring Ogden Animal Services, 2186 Lincoln Avenue, Ogden, UT 84401, to be named as an "other interested party" for the sole purpose that Ogden Animal Services shall be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy. Such proof of insurance shall be in such form as approved by the city's risk manager or city attorney, and shall be provided annually upon license renewal.
3. Inspections And Seizure; Authority: The animal services coordinator is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions regarding dangerous dogs or potentially dangerous dogs, including inspection of premises in which a dangerous dog or potentially dangerous dog is kept, and any animal control officer or peace officer is hereby authorized to seize and impound any dangerous dog or potentially dangerous dog whose owner fails to comply with the provisions hereof.
4. Minors; Parent Responsible: If the actual owner of the dangerous dog or potentially dangerous dog is under the age of eighteen (18), the parent or guardian of that minor shall be responsible for compliance with requirements of this chapter regarding registration and control of dangerous dogs or potentially dangerous dogs.
D. Control:
1. Confinement: While on the owner's property, a dangerous dog or potentially dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure must have minimum dimensions of five feet by ten feet (5' x 10'). The pen or structure must have a cement floor with secure sides attached to the bottom and a secure top attached to the sides. The enclosure must also provide protection from the elements for the dog.
2. Off Premises: A dangerous dog or potentially dangerous dog may be off the owner's premises, or outside of an enclosure as described above, only if it is muzzled and restrained by a substantial chain or leash not exceeding three feet (3') in length and under the control of a person capable of completely restraining the dog and under the direct supervision of the owner or if enclosed in an airline approved dog shipping crate. The muzzle must be a commercial muzzle appropriate to the breed, made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
(Ord. 2013-44, 10-15-2013)