(A) Dangerous dogs.
(1) Declaration.
(a) The Animal Control Officer, or any Quincy police officer, becoming aware of a dog that meets the definition of a dangerous dog in § 90.001 shall forward a report of the incident to the Deputy Chief of Administration through the proper chain of command.
(b) Upon receipt of the reports, the Deputy Chief of Administration, in consultation with the Administrative Services Sergeant and Animal Control Officer shall determine if the facts of the incident are such that the dog in question is dangerous. In the affirmative, the Deputy Chief of Administration shall declare the dog in question a dangerous dog.
(c) The declaration shall be served in person to the dog's owner(s). Photographs sufficient to identify the dog shall be taken and kept on file.
(2) Exemption.
(a) No dog shall be declared as a dangerous dog under the following circumstances:
1. The dog menaces or terrorizes a trespasser on the property of its owner.
2. The dog is acting to protect its owner.
3. The dog menaces or terrorizes anyone who has tormented or abused it.
4. The dog is a professionally trained dog for law enforcement or guard duties, provided the incident occurs while the dog is performing duties as expected.
(b) Dogs declared as dangerous dogs shall not include guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, provided they are performing duties of a guide or support dog at the time. To qualify for exemption under this section, each dog shall be currently inoculated against rabies as required by this code or state statute. It shall be the duty of the owner of the exempt dog to register the dog with the Animal Control Officer, providing a photograph of the dog and information regarding the age, breed, gender and location of the dog as determined necessary by the Animal Control Officer. It shall be the duty of the owner of the exempt dog to notify the Animal Control Officer of any change of address. The Animal Control Officer shall provide Police and Fire Departments with a categorized list of the exempt dogs, and shall promptly notify the Departments of any address changes reported to him or her.
(3) Keeping of dangerous dogs.
(a) It shall be unlawful to keep or maintain any dog that has been declared as a dangerous dog, unless the same is confined in a fence, a house or structure (but not necessarily an enclosure as defined in § 90.001) or on a run line, so as to prevent the dog from escaping the confinement. A dog declared as a dangerous dog may be permitted outside the premises of the owner or keeper provided it is securely restrained by a leash no longer than five feet in length and the leash is in the physical control of a person of sufficient age and physical strength to control and restrain the dog.
(b) Upon the declaration of a dangerous dog, the Animal Control Officer shall inspect the owner's property to determine that the dog can be confined in accordance to the provisions above.
(c) If the owner fails to provide verification of the manner and means by which the dog will be confined, the dog shall be impounded and held until such time that the means of confinement can be verified, or it is surrendered.
(d) Should the owner or keeper of a dog declared as a dangerous dog move, he or she shall notify the Animal Control Officer of the new address within ten days and provide verification of the manner and means by which the dog will be confined at the new address.
(4) Guard or sentry dogs. Any person keeping or maintaining any guard or sentry dog on any commercial, industrial or manufacturing premises shall register the dog with the Animal Control Officer, providing a photograph of the dog and information regarding the age, breed, gender and location of the dog as determined necessary by the Animal Control Officer. It shall be the duty of the owner of the guard or sentry dog to notify the Animal Control Officer of any change of address of the owner and the present location where the dog will be stationed. The Animal Control Officer shall provide Police and Fire Departments with a categorized list of the exempt dogs, and shall promptly notify the Departments of any address changes reported to him or her.
(B) Vicious dogs.
(1) Declaration.
(a) The Animal Control Officer, or any Quincy police officer, becoming aware of a dog that meets the definition of a vicious dog in § 90.001 shall forward a report of the incident to the Deputy Chief of Administration through the proper chain of command.
(b) Upon receipt of the reports, the Deputy Chief of Administration, in consultation with the Administrative Services Sergeant and Animal Control Officer, shall determine if the facts of the incident are such that the dog in question is vicious. In the affirmative, the Deputy Chief of Administration shall declare the dog in question as a vicious dog.
(c) The declaration shall be served in person to the dog's owner(s). Photographs sufficient to identify the dog shall be taken and kept on file. The dog shall be microchipped and altered, if not already, within 14 days of the declaration. All vetting is at the owner's cost.
(d) If not already impounded following the procedure of § 90.028 (Procedure for the Impoundment and Destruction of Dogs), and if the dog is not microchipped or altered within the 14 days of the declaration, it shall be impounded. Once impounded, the dog shall be held until such time that it is microchipped and altered or surrendered.
(e) Upon the declaration of a vicious dog, the Animal Control Officer shall inspect the owner's property to determine that the dog can be confined in accordance with the provisions above. The owner shall also provide the Animal Control Officer with the certificate of required insurance as explained in this chapter.
(f) If the owner fails to provide verification of the manner and means by which the dog will be confined, as well as the certificate or required insurance as explained in this chapter, the dog shall be impounded, if not already, and held until such time that the means of confinement and required insurance coverage can be verified, or it is surrendered.
(2) Exemption. No dog shall be declared as a vicious dog under the following circumstances:
(a) The dog bites, attacks or menaces a trespasser on the property of its owner.
(b) The dog is acting to protect its owner.
(c) The dog attacks or menaces anyone who has tormented or abused it.
(d) The dog is a professionally trained dog for law enforcement or guard duties.
(3) Keeping of vicious dogs.
(a) It shall be unlawful for any person to keep or maintain any dog which has been declared as a vicious dog unless the dog is at all times kept in an enclosure as defined in § 90.001.
(b) The only time that a dog declared as a vicious dog may be allowed out of the enclosure is:
1. It is necessary for the owner or keeper to obtain veterinary care for the dog; or
2. To comply with the order of a court of competent jurisdiction.
3. Allow the dog bathroom breaks outside of the home while remaining on the owner's property where the dog is housed.
4. Allow movement of the dog between the home and outdoor enclosure while remaining on the owner's property where the dog is housed.
5. The owner may request movement of the dog off the owner's property to obtain professional services for the dog, i.e. training, boarding, behavioralist, and the like. If the service provider facility is a first-time request, the owner must provide the request in writing, no less than 14 days prior to the movement of the dog, to the Chief of Police and Animal Control Officer. The Animal Control Officer will verify the facility and service provider are adequate to handle the dog prior to approval. If the service provider and facility have been approved prior, a request listing all dates and times of movement of the dog shall be provided in writing, no less than three business days prior to the movement of the dog, to the Chief of Police and Animal Control Officer. All known future dates and times of movement can be provided in one written request.
6. In all instances, when the dog is outside of an enclosure, the dog must be securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog. Such owner or keeper must be at least 18 years of age and physically capable. If the Animal Control Officer has inspected the owner's fence and deemed it secure, the owner may have the dog in the secured fenced area without the restraining chain, the dog must be muzzled at all times when outside of an enclosure.
(c) No owner or keeper of a dog declared as a vicious dog shall sell or give away the dog, without written authorization from the Deputy Chief of Administration or designee.
(d) Should the owner or keeper of a dog declared as a vicious dog move, he or she shall notify the Animal Control Officer of the new address within ten days and allow for the inspection of the enclosure at the new address.
(4) Violation. Any dog which has been declared as a vicious dog and which is not confined to an enclosure and in violation of the provisions of division (B)(3) above shall be impounded by law enforcement authority having jurisdiction and shall be destroyed as provided in this code.
(1980 Code, § 22.203) (Ord. 9001, passed 1-26-2004; Ord. 9361, passed 11-26-2018; Ord. 9482, passed 10-2-2023) Penalty, see § 90.999