(A) After a thorough investigation including: sending, within three days of the Chief of Police or Animal Control Officer becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation and affording the owner an opportunity to meet with the Chief of Police or Animal Control Officer prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and, making a detailed written report, an Animal Control Warden, or Chief of Police, may ask the Administrator of County Animal Control, or his or her designee, to deem a dog to be dangerous. No dog shall be deemed a dangerous dog without clear and convincing evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.
(B) A dog shall not be declared dangerous if the Administrator, his or her designee, or the Director determines the conduct of the dog was justified because:
(1) The threat was sustained by a person who at the time was committing an offense upon the owner or custodian of the dog;
(2) The threatened person was tormenting, abusing, assaulting or physically threatening the dog or its offspring;
(3) The injured, threatened or killed companion animal was attacking or threatening to attack the dog or its offspring; or
(4) The dog was responding to pain or injury or was protecting itself, its owner, custodian or a member of its household, kennel or offspring.
(C) Testimony of a certified applied behaviorist, a Board-certified veterinary behaviorist or another recognized expert may be relevant to the determination of whether the dog’s behavior was justified pursuant to the provisions of this section.
(D) If deemed dangerous, the Administrator, or his or her designee, or the Director shall order the dog to be spayed or neutered within 14 days at the owner’s expense and microchipped, if not already, and one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
(1) Evaluation of the dog by a certified applied behaviorist, a Board-certified veterinary behaviorist or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this division (D)(1); or
(2) Direct supervision by an adult 18 years of age or older whenever the animal is on public premises.
(E) The Administrator or Chief of Police may order a dangerous dog to be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.
(F) (1) Guide dogs for the blind or hearing impaired, support dogs for the physically disabled and sentry, guard or police-owned dogs are exempt from this section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies and performing duties as expected.
(2) It shall be the duty of the owner of the exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed.
(3) The Administrator shall provide Police and Fire Departments with a categorized list of the exempted dogs, and shall promptly notify the Departments of any address changes reported to him or her.
(Prior Code, § 90-1-24) (Ord. 2006-014, passed 7-10-2006)