§ 90.027 DANGEROUS/VICIOUS DOGS.
   (A)   The definition of a DANGEROUS/VICIOUS DOG shall include the following:
      (1)   Any dog that because of its individual temperament or because of its breed has a known propensity, tendency or disposition to cause injury or to otherwise endanger the safety of human beings or domestic animals;
      (2)   Any dog that has inflicted severe injury on a human being without provocation;
      (3)   Any dog that has killed a domestic animal without provocation;
      (4)   Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
      (5)   Any dog not owned by a governmental or law enforcement unit used primarily to guard public or private property.
   (B)   Determination of a dangerous/vicious dog.
      (1)   Upon a sworn complaint signed by a resident of the city, the city’s Police Department shall investigate the complaint to determine if the animal is dangerous or vicious. The city’s Police Department may initiate an investigation on its own if it has information leading it to believe that the dog may be dangerous or vicious. Any dog inflicting severe injury shall be impounded until a hearing is held pursuant to this section.
      (2)   (a)   After its investigation, if the city’s Police Department believes that a dog is dangerous or vicious, the Department shall forward a recommendation regarding such determination and if any further action pursuant to division (D) below is required, to the Board of Public Works and Safety.
         (b)   The Board shall thereafter hold a hearing to:
            1.   Determine whether the dog is indeed dangerous or vicious; and
            2.   To determine if any additional action pursuant to division (D) below is required.
         (c)   If the city’s Police Department believes that a dog is not dangerous or vicious, the victim of any dog attack occurring in the city may nevertheless request that the Board of Public Works and Safety hold a hearing on the matter, which Board shall determine if a hearing should be held. All hearings held pursuant to this section shall be held within 20 calendar days after receipt of said recommendation or request. The city’s Police Department may impound the dog until said hearing if the Department determines that impoundment of the dog is necessary to protect the public safety. If the dog is determined to be dangerous or vicious, all costs associated with the impoundment of the dog shall be the responsibility of the animal’s owner.
      (3)   The owner of the dog in question shall be notified prior to the meeting at which the Board of Public Works and Safety schedules said hearing, and must be notified in writing at least ten calendar days prior to said hearing date, unless they waive this requirement in writing or on the record at a public meeting of the Board. The owner shall have the opportunity to be represented by counsel, and to present evidence, witnesses and other information to dispute the recommendation of the city’s Police Department and/or the complaining victim. The city’s Police Department and/or complaining victim shall have the burden of proof in any hearing held pursuant to this section.
      (4)   The owner of any dog declared to be dangerous or vicious shall have seven calendar days to comply with the automatic requirements outlined herein for dangerous or vicious dogs and 20 calendar days to comply with any other requirements imposed by the Board of Works pursuant to division (D) below, during which 20-day period, they may appeal such determination and/or required action to the county’s circuit or superior court.
   (C)   Compliance requirements. An owner of a dog who has knowledge of the dog’s vicious or dangerous characteristics or knowledge of the dog’s propensity for dangerousness or viciousness, or an owner whose dog has been determined to be vicious or dangerous by a court of competent jurisdiction or the Board of Public Works and Safety shall comply with the following requirements.
      (1)   While on owner’s property, the dog must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of unauthorized persons and designed to prevent the animal from escaping. The pen or structure must have minimum dimension of five feet by ten feet and must have secure sides and top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the dog.
      (2)   Confinement indoors, on a porch, patio or any part of a house or structure that would allow the dog to exit the building is not permitted.
      (3)   The dog may not go outside its kennel or pen unless the dog is securely leashed with a leash not longer than four feet in length. The dog may not be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. A dangerous or vicious dog on a leash outside the dog’s kennel shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals
      (4)   The owner shall display a sign on the premises warning that there is a dangerous or vicious dog on the premises. The sign must contain a symbol warning children, and must be capable of being read from the public highway.
      (5)   The owner must comply with all laws concerning the care of dogs.
      (6)   The owner must at all times have a collar upon the dog of a color (yellow) designating the dog as dangerous or vicious.
      (7)   The owner must advise the city’s Police Department of any change of status of the dog within 24 hours of the change. Change of status shall include that which could affect the public health or safety, including, but not limited to, being loose, unconfined, has attacked another animal or human, has died or been sold or given away. If the dog has been sold or given away, the owner must give the city’s Police Department, the name, telephone number and address of the new owner, who in turn must comply with this section.
      (8)   The owner shall maintain a policy of insurance in an amount not less than $100,000, insuring the owner against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional of the dangerous or vicious dog. The owner shall provide evidence of insurance to the city’s Police Department and the Board of Public Works and Safety.
   (D)   Additional powers of Board.
      (1)   In addition to any other fines imposed pursuant to this chapter, and in addition to the above- listed compliance requirements, the Board of Pubic Works and Safety or a court of competent jurisdiction may impose the following sanctions with respect to a dog determined to be dangerous or vicious when it determines those sanctions are necessary to protect the public’s safety:
         (a)   Order the dog immediately impounded until the owner meets the requirements of this section (including sterilization or destruction). The owner shall be liable for the costs of impoundment. The court or Board of Public Works and Safety may require that the animal not be released from impoundment until the owner has paid the costs of impoundment and any fines or fees assessed or incurred under this chapter;
         (b)   Order the dog sterilized; except that, no dog shall be sterilized without the owner’s consent until the time during which said order may be appealed has expired; or
         (c)   Order the dog destroyed; except that, no dog shall be destroyed without the owner’s consent until the time during which said order may be appealed has expired.
      (2)   In deciding whether to impound, sterilize or destroy a dog, the court or Board of Public Works and Safety shall make findings of fact to support its determination that such sanctions are necessary to protect the public safety. In ordering impoundment, sterilization or destruction, the court or Board of Public Works and Safety shall consider the following factors:
         (a)   The nature of any injury inflicted by the dog, and whether the injury was inflicted on property or on a human being;
         (b)   Prior acts of viciousness or dangerousness of a dog, and the owner’s knowledge of the dangerous or vicious characteristics of the dog and the dog’s propensity toward dangerousness or viciousness; and
         (c)   The likelihood that the owner will comply with the requirements of this section.
(Prior Code, § 91.15) Penalty, see § 90.999