(A) No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by the owner, keeper or harborer or a handler:
(1) While the dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a locked pen which has a top, and either has a bottom secured to the sides or the sides are embedded in the ground no less than one foot, or such other locked enclosure meeting the same criteria, except that a dangerous dog but not a vicious dog, may, in the alternative, be kept in a locked, fenced yard or be tied with a leash or tether so that the dog is adequately restrained; or
(2) While the dog is on the premises of the owner, keeper or harborer, keep it on a chain link leash or tether that is not more than six feet in length and additionally do at least one of the following:
(a) Keep the dog in a locked pen which has a top, a locked fenced yard or other locked enclosure which has a top;
(b) Have the leash or tether controlled by a person who is responsible and at least 18 years of age;
(c) Securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained, and station such a person in close enough proximity to the dog so as to prevent it from causing injury to any person; or
(d) Muzzle the dog.
(B) When the dog is a vicious dog, the owner, keeper or harborer shall keep the dog confined as set forth in division (A) above, except when said dog is on a leash or tether as described in division (B) above, then said owner, keeper or harborer shall additionally keep the dog muzzled at all times, whether on or off the premises of the owner, keeper or harborer.
(C) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in the state, providing coverage in each occurrence, subject to a limit, exclusive of interest and costs of not less than $100,000 because of damage or bodily injury to or death of a person caused by the vicious dog.
(D) Whenever the animal control officer shall notify an owner, keeper or harborer of a dog that such dog has been designated as dangerous or vicious, the owner, keeper or harborer shall have ten days in which to file a written notice of appeal of such designation with the County Commissioners. The County Commissioners shall place the appeal on the agenda of their next Commissioners meeting. Thereafter, the County Commissioners shall conduct a hearing on the appeal and shall determine whether the designation “dangerous or vicious dog” shall remain or be lifted. The decision of the County Commissioners shall be made, and written notice of said decision shall be provided by the Commissioners to the owner, keeper or harborer of such dog and the animal control officer. From the time the designation is made by the animal control officer, the provisions of this chapter in regard to dangerous and vicious dogs shall be in full force and effect, and each owner, keeper or harborer, and the animal control officer shall ensure that the provisions of this chapter in regard to dangerous and vicious dogs are fully met during such time period. Any violation of this chapter committed prior to the hearing shall be admissible, and such hearing shall be conducted in a manner pursuant to procedures established by the Commissioners.
(E) Any person who is the owner, keeper or harborer of a vicious dog and who transfers the ownership, care or custody of said vicious dog shall notify the animal control office of such transfer, within 48 hours of the occurrence thereof.
(F) The owner, keeper or harborer of a dangerous or vicious dog shall post a sign at the normal main entrance to his or her premises where it will be readily visible by anyone. Such sign shall be not less than 16 inches by 16 inches in size; shall have black letters on a yellow background; and shall have letters no less than two inches high and one-half inch in thickness: “Beware dangerous dog.”
(Ord. 2005-5-2, passed 5-2-2005) Penalty, see § 90.99