(A) Circumstances requiring special preventive measures. The Bureau shall have the authority to require the owner or custodian of an animal to comply with specific preventive measures, as described in division (B) of this section, whenever the Bureau has the authority to seize the animal for possible forfeiture or when otherwise authorized by this chapter. Preventive measures shall only be ordered after taking into consideration the totality of the circumstances, including but not limited to the following:
(1) Nature of the particular animal. The behavior, size, temperament, breed, capacity for inflicting serious injury, number of animals or other similar factors that would be relevant to a determination of whether preventive measures need to be imposed for a particular situation;
(2) Adequacy of confinement. The adequacy of the current enclosure or confinement, if any;
(3) Immediate surrounding area. The likelihood that the conditions pertaining to the particular animal and the animal's confinement are detrimental to the safety or welfare of citizens or the peace and tranquility of citizens in the immediate surrounding area; and
(4) History and ability. The history of the animal and the animal's owner in compliance or noncompliance with this chapter as well as the owner's ability to adequately restrain the animal when viewed in light of all relevant factors.
(B) Preventive measures. If the Bureau determines that the circumstances require special preventive measures, the Bureau shall have the authority to require the following:
(1) Appropriate, specific preventive measures which might include but are not limited to the following: necessary repairs for any fence or enclosure, measures to ensure that a gate will remain closed, a fence or secure fence as described in this division or any other similar device that would provide greater assurance for the confinement of the animal, all of which are subject to being specifically approved for their adequacy by the Bureau. A fence shall be at least a minimum of four feet high and shall constitute a secure-enough enclosure sufficient to contain the animal at all times. The minimum size of the enclosure may be at least 150 square feet. If the animal is over 15 inches at the shoulder or is deemed capable of climbing a standard four-foot fence, the animal control supervisor may require a six-foot fence. A
SECURE FENCE means a fence, as immediately described above, that may also be enclosed on all six sides, including the top. The bottom must be concrete, unless the sides of the fence are buried one foot deep in a hard-packed soil. Any reference to "fence" or "secure fence" shall be defined as stated in this section. Preventative measures may also specifically include mandatory spay/neuter for any animal that as been declared dangerous by the Bureau;
(2) The owner to tattoo, or electronically tag, the animal at the owner's expense if that is necessary for identification investigative or enforcement purposes; and
(3) The owner to procure liability insurance in the amount of at least $ 100,000 at the owner's expense or to have the animal tattooed or to display a sign on the premises warning of the animal on the premises. The Bureau shall have the authority to require the owner to show signed, written statements about maintaining the liability insurance, the designated enclosure for the animal and the duty to notify the Animal Control Bureau, if the animal escapes, and to require the owner to give the Bureau the authority to seize and impound the animal if the owner fails to comply with this division.
(C) Containment order. If the Bureau determines that specific preventive measures must be complied with by the owner of an animal, the Bureau shall make reasonable efforts to notify the owner of the containment order. All containment orders shall be in writing and shall state the reasons that preventive measures are required, shall identify the specific preventive measures that must be implemented, and shall state the designated time period within which to comply with the containment order. The Bureau shall have the authority to exercise discretion for extensions of time if that is reasonable in view of the good-faith progress of the owner in implementing the preventive measures.
(D) Failure to comply with containment order. It shall be unlawful for an owner to fail to comply with a containment order within the designated time for compliance stated in the written order or any extension thereof. The penalty for a willful failure to comply with a containment order shall be a civil penalty in accordance with § 90.017 or seizure/forfeiture of the animal in accordance with §§ 90.017 and 90.073.
(E) Owner's challenge to containment order. The owner may submit in writing a challenge to the Bureau's determination that division (A) of this section is applicable to the owner's premises or submit in writing a challenge to the specific preventive measures required by the Bureau. The challenge must comply with all of the requirements as for a request for hearing as set out in § 90.072. A challenge that meets those requirements shall be heard in the same manner and with the same appeal to superior court as set out in § 90.072. The hearing officer shall review the containment order under the standards of this section but shall follow the process for the hearing as set out in § 90.072. If the animal has been seized and the owner wishes to appeal the seizure and potential forfeiture as well as challenge the containment order, both matters may be addressed in the same hearing.
(1995 Code, § 10-67) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99