[Amended 12-28-2009 by Ord. No. 57-2009]
A. Determination of aggressive dog/vicious animal. Upon receiving a complaint directed to the Reading Police Department, the Animal Control Officer or any other authorized representative of the City, the Animal Control Officer or the City Police shall make a determination as to whether the dog which is the subject of a complaint shall be determined and deemed to be an aggressive dog, or whether any other animal which is the subject of a complaint shall be deemed and determined to be a vicious animal. The Animal Control Officer shall take into account the definition of dog, aggressive dog, dangerous and vicious animal set forth in § 141.202.
B. Notwithstanding the criteria for aggressive dog/vicious animal noted above, no dog or animal will be declared aggressive/vicious for inflicting injury or damage on a person or other animal that was teasing, tormenting, abusing or assaulting the dog/animal as determined by the investigating officer; or upon any person committing or attempting to commit a willful trespass or crime while the dog/animal was taking action to defend or protect a human being within the immediate vicinity of the dog/animal from an attack or assault, as determined by the Investigating Officer.
C. Appeal procedure: Within 14 days of the date of the notice of the Police or Animal Control Officer's decision that an animal is vicious or aggressive, the owner of the dog may appeal the decision to the Animal Control Board. The owner of the dog shall send notice of his/her intent to appeal by certified mail to the Animal Control Board, with copies to the Property Maintenance Division and City Clerk. If such an appeal is filed, a hearing shall be commenced within 15 business days of its filing. Within five days of the close of the appeal hearing, the Animal Control Board shall determine whether to uphold or reverse the decision of the Police Officer or Animal Control Officer. The determination shall be sent by first class mail to the appellant. Service is deemed complete if said notice is mailed to the last known address of the owner and is not returned as undeliverable. If the notice is returned, the property will be posted as necessary.
D. Determination of dangerous dog. Determination of whether a dog is a dangerous dog shall be made in accordance with Pennsylvania Dog Law, 3 P.S. § 459-101, et seq., specifically under Section 459-502A, as that section may be amended from time to time.
E. Permitting. Any person owning an aggressive dog, vicious animal or dangerous dog must register the dog or animal with the City of Reading Property Maintenance Division to enforce the provisions of this Part, pay a fee for such registration to the Designated Animal Control Authority, as set by ordinance and provided in Chapter 212, Fees, and obtain a permit to keep the dog or animal.
The owner must provide proof at the time of registration that:
(1) The dog's rabies vaccination status is current.
(2) The dog is licensed for the current year.
(3) The dog is microchipped with a permanent ID.
(4) Every dog for which the owner is required to obtain a permit must wear a valid permit tag at all times when the animal is off the premises of its owner. The permit tag shall be issued and be made of highly visible material with the words "aggressive dog" or "vicious animal" prominently displayed upon it.
F. Upon licensing an aggressive dog or dangerous dog or vicious animal, the owner shall display, in a conspicuous manner, a sign on his or her premises warning that there is an aggressive dog or dangerous dog or vicious animal on the premises. The sign shall be visible and legible from the sidewalk and street.