Where an animal is determined, pursuant to a preponderance of the evidence at a duly constituted hearing, to be dangerous, the Board, subject to judicial review, shall require the owner of the animal to register such animal with the Board, and to provide prompt notification to the Board of any changes in the ownership of the animal; names, addresses and telephone numbers of new owners; any change in the health status of the animal; any further instances of attack; any claims made or lawsuits brought as a result of further instances of attack; or the death of the animal. In addition, the Board, subject to judicial review, may require any or all of the following, but divisions (E) and (F) of this section, or any one of them, may only be imposed where there has been serious injury to a person.
(A) Indoors, when not alone, the animal be under the control of a person 18 years or older.
(B) Outdoors and unattended, the animal be kept within a locked fenced area from which it cannot escape.
(C) When outdoors the animal must be attended and kept within a fenced area from which it cannot escape.
(D) When outdoors the animal must be attended and kept on a leash no longer than six feet and under the control of a person 18 years of age or older.
(E) When outdoors, the animal must be attended and muzzled. The muzzle shall not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. The muzzle must be made of non-metallic material so as to prevent the muzzle from freezing to the animal.
(F) Outdoors and unattended, the animal must be confined to an escape-proof kennel of the following description:
(1) Such kennel shall allow the animal to stand normally and without restriction, and shall protect the animal from the elements.
(2) Fencing materials shall not have openings with a diameter of more than two inches, and in the case of wooden fences, the gaps shall not be more than two inches.
(3) Any gates within such kennel or structure shall be lockable and of such design as to prevent the entry of children or the escape of the animal, and when the animal is confined to such kennel and unattended such locks shall be kept locked.
(4) The kennel may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects.
(G) Placement of a sign or signs of a description and in places directed by the Board, advising the public of the presence and tendencies of the animal.
(H) Attendance by the animal and its owner/custodian at training sessions conducted by a certified applied animal behaviorist, board certified veterinary behaviorist or other recognized expert in the field and completion of training or any other treatment as deemed appropriate by such expert. The owners of the animal shall be responsible for all costs associated with the evaluation and training ordered under this section.
(I) Neutering or spaying of the animal at the owner’s expense, unless a duly authorized veterinarian renders an opinion otherwise.
(J) That the animal be permanently identified by tattooing or by injecting an identification microchip, using standard veterinary procedures and practices, identification number and the identification of the person performing the procedure to be registered with the Board as indicated above.
(K) The procurement of liability insurance in an amount to be determined by the Board, but in no case in an amount of less than $500,000, covering the medical and/or veterinary costs resulting from future actions of the animal. This condition may not be imposed if it is shown that no such insurance is available for a reasonable premium.
(L) If any of the above conditions ordered by the Board are not complied with, the owner shall be subject to a fine of not more than $2,500.
(M) If a further incident of attack occurs under such circumstances that the dog, after a hearing as described above, is determined to be a dangerous dog, the Board, subject to judicial review, may impose or re-impose any applicable directives listed above; additionally, humane destruction of the dog may be ordered, but only where the further incident involves serious injury to a person.
(N) Order the animal to be examined by a veterinarian to rule out an underlying treatable medical cause which may be causing the animal to be aggressive. The examination shall be at the owner’s expense.
(O) In the event a dangerous animal escapes, the custodian/owner shall immediately inform either law enforcement or the animal control officer or both of the escape together with any pertinent information regarding the animal and the circumstances involved with the escape.
(Ord. O-C11-7, passed 12-28-2011) Penalty, see § 90.999