(A) Immediate impoundment following a dog bite or domestic animal death.
(1) Any dog that bites a human (not its owner or immediate family member residing at the same address) or kills a domestic animal within the city shall be impounded and held for a period of ten days. Animal bites are as defined in § 90.001.
(2) Prior to the end of the ten-day impoundment, 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.
(3) If the dog is declared as a vicious dog, photographs sufficient to identify the dog shall be taken and kept on file. The dog shall be microchipped and altered, if not already, before it can be released. All vetting is at the owner's cost. The dog shall be held beyond the initial ten days until such time that it is microchipped and altered or surrendered.
(B) Rabies control. Any dog that bites any human and does not have a current rabies vaccination shall remain under the observation of the city animal shelter, for the initial ten-day impoundment and the city animal shelter, shall at the end of the ten-day period make a written report to the County Department of Health. Should the dog show evidence of rabies, then it shall be killed in a humane manner. In the event the dog is pronounced free from rabies by the city animal shelter and not declared as a vicious dog, then the dog shall be released to the owner or keeper upon the payment of the animal shelter's fee provided. If the dog is declared as a vicious dog the owner shall also have the dog microchipped and altered at his or her expense, provide verification to the Animal Control Officer of the manner and means by which the dog shall be confined in an enclosure as defined in § 90.001, as well as the certificate of required insurance as explained in this chapter.
(C) Destruction of dangerous and vicious dogs.
(1) Surrendered dogs.
(a) The owner of any dog declared as a dangerous or vicious dog may choose to surrender the dog instead of complying with the requirements of this chapter.
(b) If the owner of any dog declared as a dangerous or vicious dog fails to provide verification of the manner and means by which the dog will be confined, and/or in the case of a dog declared as a vicious dog the required insurance coverage, within seven days of the declaration or the end of the initial ten-day impoundment, whichever is longer, the dog shall be considered as surrendered. If the declaration is appealed, the impound time will continue until such time the appeal is resolved. The seven-day impound will start over at the time of the final appeal decision.
(c) Any surrendered dog declared as a dangerous or vicious dog shall be destroyed as provided in this chapter.
(2) Vicious dogs outside of confinement. Any dog declared as a vicious dog which is found not confined to an enclosure and in violation of the provisions of § 90.027(B)(3) shall be impounded and shall be destroyed as provided in this chapter.
(3) Vicious dog bite. Notwithstanding the foregoing, any dog previously declared a vicious dog which bites any person or causes other severe or permanent injury to any person shall be destroyed as provided in this chapter.
(D) Adherence to time frames.
(1) With the exception of the ten-day impoundment for rabies control purposes, all time frames may be shortened or lengthened at the discretion of the Deputy Chief of Administration to assist dog owners in complying with requirements of this chapter and to reduce unnecessary impoundment costs.
(2) All dogs not current on their rabies vaccinations following a dog bite must be impounded for the minimum ten days.
(E) Owner's right to appeal.
(1) Appealing the declaration of dangerous and vicious dogs.
(a) The owner of a dog declared as a dangerous or vicious dog has the right to appeal the declaration.
(b) The appeal must be filed in writing to the Chair of the Animal Control Commission within 30 days of the receipt of the declaration. In the case of an appeal, the impound time will continue until such time the appeal is settled. The owner of the dog will continue to be responsible for all impound costs.
(c) The Chair of the Animal Control Commission, or designee, shall set a hearing date for the appeal to be held within 30 days of the receipt of the appeal.
(d) The hearing shall take place at a location determined by the Chair of the Animal Control Commission. After hearing the appeal, the Chair of the Animal Control Commission, shall render a decision on the status of the declaration within a reasonable time.
(e) Failure to appear at the set hearing date by the dog owner shall be considered a withdrawal of the appeal.
(f) If the Animal Control Commission upholds the declaration, the owner of the dog has the right to appeal that decision in Circuit Court.
(g) Notice of the intent of filing an appeal in court must be presented to the Office of the Chief of Police within 14 days of receipt of the initial appeal decision. Failure to make such notification shall result in the standing of the declaration.
(2) Appealing the decision to destroy vicious dogs.
(a) The owner of a dog declared as a vicious dog which has been impounded with intent to destroy it has the right to appeal that decision.
(b) The appeal must be filed in writing to the Chair of the Animal Control Commission within seven days of the receipt of the decision. In the case of an appeal, the destruction will be stayed until such time the appeal is settled. The owner of the dog will continue to be responsible for all impound costs.
(c) The Chair of the Animal Control Commission, or designee, shall set a hearing date for the appeal to be held within 15 days of the receipt of the appeal.
(d) The hearing shall take place at a location determined by the Chair of the Animal Control Commission. After hearing the appeal, the Animal Control Commission shall render a decision on the destruction of the dog within a reasonable time.
(e) Failure to appear at the set hearing date by the dog owner shall be considered a withdrawal of the appeal.
(f) If the Animal Control Commission upholds the decision to destroy, the owner of the dog has the right to appeal that decision in Circuit Court.
(g) Notice of the intent of filing an appeal in court must be presented to the Office of the Chief of Police within seven days of receipt of the initial appeal decision. Failure to make such notification shall result in the standing of the decision to destroy.
(F) Insurance requirement for dogs declared as a vicious dog. The owner of a dog declared as a vicious dog shall present a certificate of insurance issued by an insurance company licensed to do business in this state, providing personal liability insurance coverage as in a homeowner's policy, with a minimum liability amount of $100,000 for the injury or death of any person, for the damage to property of others and for acts of negligence by the owner or his or her agents in the keeping or owning of such dog declared as a vicious dog. The certificate of registration requires the owner to notify the Quincy Police Department within one business day, if the insurance policy is cancelled for any reason.
(1980 Code, § 22.204) (Ord. 9361, passed 11-26-2018; Ord. 9484, passed 10-2-2023) Penalty, see § 90.999