(a) Definitions:
(1) “Dangerous dog” is a dog that:
A. Has, when unprovoked, bitten, attacked, endangered, or inflicted injury on a human being or another animal being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalk, or any public grounds in a menacing fashion or apparent attitude of attack; or
B. Has previously been declared a dangerous dog by another municipality, county, or any state, or by an animal control authority officer (Police Officer or Mayor of Paden City).
(2) “At large” means a dog that is not under restraint.
(3) “Restraint” means:
A. Secured by a leash no more than 4 feet in length and capable of holding the animal and held by a person who is capable of controlling the animal physically;
B. On private property inside a fence no less than six (6) feet in height, locked gates, no escape routes under fence, signs on property: “Beware of Dog!” and must be on a secured leash inside of fence so the dog cannot reach fence. Dog must have food, water, shelter and shade. Provided, however, that no electronic fence shall be permissible for dangerous dogs.
C. If a dog is inside house or building, it must not be able to get to an open window or unsecured door. If dog escapes any restraints, it will be considered at large and owner will be responsible for dog and face fines.
(4) “Animal Control Officer” is any person employed, appointed, or designated by Council authorized to investigate and enforce violations.
(5) “Owner” means any person, partnership, corporation, or other legal entity owning, harboring, or keeping any animal, or in the case of a person under the age of eighteen (18), that person’s parent or legal guardian. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.
(b) Owner Responsibility.
(1) No dog shall be running at large.
(2) No dog shall trespass.
(3) Every dog shall be identified at all times by a tag that states the name and address of the owner.
(4) All owners of Dangerous Dogs declared by animal control officers of Paden City shall be required to register the animal with the City for a permit at the fee of ten dollars ($10.00) per animal.
(5) Owners of a Dangerous Dog shall present to the City that he/she has procured liability insurance or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering any damage or injury that may be caused by such Dangerous Dog. The policy shall contain a provision requiring the City to be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminated or expires. The liability insurance or surety bond shall be obtained prior to issuing of a permit to keep a Dangerous Dog. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the twelve-month period in which a permit is sought unless he ceases to own or keep the dog prior to the expiration date of the permit period. The owner shall provide the City with notice of any cancellations on the liability insurance policy. In the event that the owner proves to the satisfaction of the City that insurance is not available, the owner may post with the City an equivalent amount payable to any person injured by the Dangerous Dog.
(6) If any dangerous animal leaves its confined area it must be on a proper leash and it must be muzzled, so that it cannot bite a person or other animal.
(7) All owners of all animals must produce proof of current vaccinations, upon request of Paden City officials.
(c) Determination Hearing.
(1) Upon receipt of an Affidavit of complaint signed by one or more residents, members of law enforcement, and/or the Mayor of the City made under oath before an individual authorized by law to take sworn statements, setting forth the nature and the date of the act, the owner of the dog, the address of the owner and the description of the dog doing such act, the animal control officer or local law enforcement shall investigate the complaint to determine if in fact the animal is dangerous.
(2) A determination hearing shall be conducted by Municipal Court Judge whenever there is cause to be believe that a dog may be “potentially dangerous” or “dangerous” as defined herein above. Said hearing shall be conducted within five (5) days of serving notice to the owner by certified letter.
(3) Immediately upon receipt of notice and pending the outcome of such determination hearing, the dog must be securely confined in a humane manner either on the premises of the owner or with a licensed veterinarian.
(4) The Municipal Court Judge shall determine whether to declare such dog to be “potentially dangerous” or “dangerous” based upon evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident(s) which may be considered germane to such determination, health department personnel, animal control personnel, police or any other person possessing information pertinent to such determination.
(5) No dog may be declared “potentially dangerous” or “dangerous” if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or has in the past, been observed or reported to have teased, tormented, abused or assaulted the dog, or was committing or attempting to commit a crime.
(6) The Municipal Court Judge shall issue a written finding within five (5) days after the determination hearing. The owner or possessor of the animal found to be “potentially dangerous” or “dangerous” by this hearing has the right to appeal the decision within three (3) days of receiving such decision to the appropriate agency for appeal.
(d) Notification Required. The owner or keeper of a “potentially dangerous” or “dangerous” dog shall notify the animal control officer or local law enforcement immediately if a dangerous dog is loose, unconfined, has attacked another animal or has attacked a human being or has died or has been sold or given away. If the dog has been sold or given away, the owner or keeper shall provide the animal control officer or local law enforcement with the name, address and telephone number of the new owner, who must comply with all requirements of this section.
(e) Impoundment.
(1) Any dog that is not under restraint shall be impounded by the animal control authority.
(2) When a dog is not under restraint and its ownership is verified by the animal control authority, the animal control authority may exercise the option of serving the owner with a notice of violation in lieu of impounding the dog.
(3) Any dangerous dog may be impounded by the animal control authority, and shall be impounded if the dog is not under restraint. Animal control officers shall be entitled to enter private property for the purpose of impounding a dangerous dog. If a dangerous dog is injured or killed during an attempt to impound it, neither the animal control authority nor any of its agents or employees shall be liable in damages therefor.
(4) Immediately following the impounding of a dog, the animal control authority shall notify the person identified on the dog’s tag. The animal control authority shall have no obligation to determine the identity of the owner of a dog that does not have a tag that complies with this Dangerous Dog Law, provided that a general description of the impounded dog and the time and location of impounding are reasonably available to a person inquiring at the office of the animal control authority.
(5) If the impounded dog is not a dangerous dog, the animal control authority shall inform the dog’s owner of reasonable conditions whereby custody of the animal may be regained.
(6) Dogs not claimed by their owners within a period of three (3) full days in which the shelter is open to the public shall become the property of the county.
(7) To claim a dog, the owner must pay the appropriate impoundment fee, fine, penalty or license fees and must produce proof of current vaccination against rabies.
(8) In the event that the animal control authority finds dogs to be suffering, it shall have the right forthwith to:
A. Remove or cause to have removed any such dogs to a safe place for care at the owner’s expense, or
B. Euthanize them when necessary to prevent further suffering. Return to the owner shall be in the discretion of the animal control authority, and may be withheld until the owner shall have made full payment for all expenses so incurred.
(f) Penalties. First violation of any dangerous dog violation, the owner shall be fined up to one hundred dollars ($100.00), three hundred dollars ($300.00) for the second violation and five hundred dollars ($500.00) for the third violation and possible confiscation of the animal.
(Ord. 2011-7. Passed 8-11-11.)