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(A) The Chief of Police shall hold a hearing within 15 business days after receiving the dog owner’s written request for such a hearing. The Chief of Police shall provide notice of the date, time and location of the hearing to the dog owner by personal service or certified mail and to the complainant by personal service or regular mail.
(B) At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog’s dangerousness. Criteria to be considered in a hearing required by the section shall include, but not be limited to, the following:
(1) Provocation;
(2) Severity of attack or injury to a person or domestic animal;
(3) Previous aggressive history of the dog;
(4) Observable behavior of the dog;
(5) Site and circumstances of the incident; and
(6) Statements from interested parties.
(C) A determination at a hearing that the dog is in fact a dangerous dog as defined in § 92.106 shall subject the dog and its owner to the provisions of this chapter.
(D) Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this chapter.
(Ord. 20-06, passed 7-6-20)
Appeal from dangerous dog declaration. If the Chief of Police determines that a dog is dangerous at the conclusion of a hearing conducted under § 92.109, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten calendar days after receiving notice that the dog has been finally declared dangerous. The appeal shall be a civil proceeding for the purpose of affirming or reversing the determination of dangerousness by the Chief of Police.
(Ord. 20-06, passed 7-6-20)
The keeping of a dangerous dog as defined in § 92.106 shall be subject to the following requirements:
(A) Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other property enclosure unless such dog is securely attached to a leash not more than four feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.
(B) Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog’s breathing or vision.
(C) Confinement. Except when leashed and muzzled as provided in this section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include adequate shelter and protection from the elements, adequate light and ventilation, and room for adequate exercise. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:
(1) The structure must have secure sides and a secure top, or all sides must be at least eight feet high provided such height is permitted by other sections of the Polo Code of Ordinances;
(2) The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one foot into the ground; and
(3) The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(D) Indoor confinement. No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacles preventing the dog from exiting the structure.
(E) Signs. All owners, keepers or harborers of a dangerous dog shall display in a prominent place on their premises a sign easily readable by the public using the words “BEWARE OF DOG.”
(F) Liability insurance, surety bond. The owner of a dangerous dog shall present to the Chief of Police proof that he or she has procured liability insurance in the amount of not less than $100,000 covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the city be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, will terminate or will expire. The liability insurance shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he or she shall maintain and not voluntarily cancel the liability insurance policy during the 12-month period for which a permit is sought, unless he or she ceases to own or keep the dog prior to the expiration date of the permit period.
(G) Animals born of registered dogs. All offspring born of dangerous dogs registered with the City Police Department also must be registered with the City Police Department within six weeks of birth.
(H) Notification of escape. The owner or keeper of a dangerous dog shall notify the City Police Department immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
(I) Failure to comply. It shall be unlawful for any owner of a dangerous dog registered with the City Police Department to fail to comply with the requirements and conditions set forth in this section. Any dog found to be in violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this chapter shall result in the revocation of the dog’s license and the permit providing for the keeping of such animal.
(Ord. 20-06, passed 7-6-20)
(A) The owner of a dangerous dog shall, within three business days after the classification of the dog as dangerous or upon acquisition of such a dog, obtain an annual permit from the City Police Department to harbor the dog. The fee for such permit shall be $100 per year.
(B) At the time the permit is issued, a red circular tag shall be issued to the owner of the dangerous dog. The tag shall be worn at all times by the dog.
(C) The permit for maintaining a dangerous dog shall be presented to a city police officer upon demand.
(Ord. 20-06, passed 7-6-20)
(A) (1) When the Chief of Police or his designee intends to impound a dog declared to be dangerous for a violation of § 92.111, he shall notify the owner of the dog, by personal service or certified mail as provided in § 92.109, of the intended impoundment at least five business days prior to the intended impoundment, except as provided in § 92.115.
(2) The notice of intent to impound shall inform the owner of the dog that he or she may request in writing, within five business days prior to the intended impoundment, a hearing to contest the intended impoundment and finding of violation.
(B) Upon request by the owner of the dog for a hearing pursuant to division (A), a hearing shall be held within ten calendar days. Notice of the hearing shall be provided by personal service or certified mail to the dog’s owner or custodian requesting such hearing.
(C) If the owner requests a hearing pursuant to division (B), no impoundment shall take place until conclusion of the hearing, except as authorized in § 92.114.
(Ord. 20-06, passed 7-6-20)
(A) A dog declared to be dangerous may be immediately impounded without a pre-impoundment hearing when the Chief of Police or his designee determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for a violation of § 92.111 or when the dog bites a person or domestic animal.
(B) The owner of the dog immediately impounded pursuant to division (A) shall be notified of the impoundment by personal service or certified mail as provided in § 92.108 within five business days after the dog’s impoundment.
(C) The notice of impoundment shall inform the owner of the dog that he or she may request, in writing, a hearing to contest the impoundment within five business days after the personal service or mailing of the notice of impoundment.
(D) Upon request by the owner of the dog for a hearing under division (C), a hearing shall be held within ten business days after such request. Notice of the date, time and location of the hearing shall be provided by personal service or certified mail to the dog owner requesting the hearing.
(E) If the Chief of Police cannot with due diligence locate the owner of a dog that is to be impounded under this section, the Chief of Police shall cause the dog to be impounded for not less than five business days. If, after five business days, the owner fails to claim the dog, the Chief of Police may cause the dog to be humanely destroyed.
(Ord. 20-06, passed 7-6-20)
(A) If, after a hearing on impoundment, the Chief of Police or his designee finds no violation of § 92.114, or that the dog has not bitten an individual, the dog shall be returned to its owner if already impounded, or shall not be impounded as intended.
(B) Incident to the findings and conclusions made at the impoundment hearing, the Chief of Police or his designee may impose reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and the animal. Such conditions may include, but shall not be limited to:
(1) Posting of bond or other proof of ability to respond in damages;
(2) Specific requirements as to size, construction and design of a kennel in which to house the dog;
(3) Requirements as to type and method of restraint and/or muzzling of the dog;
(4) Photo identification or permanent marking of the dog for purposes of identification;
(5) Payment of reasonable fees to recover the costs incurred by the City Police Department in ensuring compliance with this chapter; and
(6) Payment of any or all impoundment charges including veterinary and kennel charges.
(Ord. 20-06, passed 7-6-20)
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