(a) Definitions. As used in this section:
(1) “Dangerous dog” means any of the following:
A. Any dog which, according to the records of the Police Department, has inflicted severe injury on a human being, without provocation, on public or private property;
B. Any dog which, according to the records of the Department, has killed a domestic animal without provocation while off the owner/guardian's property;
C. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting;
D. Any dog which, when unprovoked, 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
E. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals.
(2) “Severe injury” means any physical injury resulting in broken bones or lacerations or puncture wounds.
(b) Exemptions.
(1) No dog may be declared dangerous if any of the following applies:
A. The threat, injury or damage was sustained by a person who had teased, tormented or abused the dog;
B. The dog was coming to the aid or the defense of a person, provided that such person was not engaged in illegal or criminal activity and using the dog as a means of carrying out such activity;
C. In the case of another domestic animal, the dog was attacked by such animal or such animal was running at large.
(2) A police dog that is being used to assist one or more law enforcement officers in the performance of their duties or a dog that has caused injury to any person while such person was committing or attempting to commit a trespass or other criminal offense on the property of the owner/guardian shall not be declared dangerous.
(c) Determination of “Dangerous”.
(1) Upon receipt of a complaint from an individual, setting for the nature and the date of the act, the owner/guardian of the animal, the address of the owner/guardian and the description of the animal doing such act, the animal control officer shall investigate the complaint to determine if, in fact, the animal is dangerous.
(2) Within five days after receipt of such affidavit of complaint, the animal control officer shall notify the owner/guardian and complainant in writing of his or her determination.
(3) A determination by the Animal Warden that a dog is dangerous may be appealed to the Safety Director within ten days after receipt of written notice thereof. Upon appeal, the Safety Director shall review the determination of the Animal Warden and such additional documentation, if any, provided by the dog's owner/guardian, keeper or harborer, who shall be notified in writing of the Safety Director's decision regarding the appeal, which decision shall be final.
(d) Owner/Guardian's Responsibility Upon Determination.
(1) If a dog is determined to be “dangerous”, the owner/guardian shall do the following:
A. Display a sign on his or her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare. In addition, the owner/guardian shall conspicuously display signs with a symbol warning children of the presence of a dangerous dog. Such signs shall be visible from the front, rear and both sides of the property.
B. While the dog is on the premises of the owner/guardian or keeper, securely confine it all times indoors or in a locked fenced yard where the dog is secured by a chain-link leash or in a locked pen or other structure. Such pen or structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top. If no bottom is secured to its sides, the sides must be embedded into the ground no less than two feet. The pen or structure must also provide protection from the elements for the dog. The owner/guardian shall have ten days to construct a pen as described in this section.
C. While that dog is off the owner/guardian's premises, keep it muzzled and restrained by a substantial chain or leash not more than six feet in length and have the leash controlled by a person who is of suitable age and discretion to adequately restrain the dog.
D. Present to the Animal Warden proof that the owner/guardian or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000), covering the 12-month period during which licensing is being sought. This policy shall contain a provision requiring the City to be named as an additional insured for the sole purpose of ensuring that the City will be notified by the insurance company of any cancellation, termination or expiration of the policy.
(2) The owner/guardian shall have 24 hours to comply with this section except where otherwise specified.
(e) Euthanasia Option. If the owner/guardian or keeper of a dog that has been designated dangerous is unwilling or unable to comply with the above regulations for keeping such an animal, then he or she shall have the animal humanely euthanized by an animal shelter or a licensed veterinarian, after a ten-day holding period. The owner/guardian shall bear the cost for such action. Any dog that has been designated as dangerous under this section may not be offered for adoption.
(f) Removal Option. If the owner/guardian or keeper of a dog that has been designated dangerous is unwilling or unable to comply with the above regulations for keeping such an animal, and the owner/guardian or keeper of such dog does not use the euthanasia option, then he or she shall have such dog removed from such premises and removed from the City limits within a ten-day period.
(g) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the first degree.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)