(A) The provisions of this section do not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer's official duties. A dog shall not be considered a dangerous dog or potentially dangerous dog under this section if the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing or assaulting the dog, had been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime.
(B) The Chief Animal Control Officer must notify the owner of a potentially dangerous dog in writing, giving the reasons for his or her determination, before the dog may be considered potentially dangerous under this section. The owner may appeal the determination of the Animal Control Officer by giving written notice of the appeal within five days of this determination to the Chief Animal Control Officer. The dog will be considered potentially dangerous pending the appeal.
(C) It is unlawful for an owner to:
(1) Leave a dangerous dog or a potentially dangerous dog unattended on the owner's real property, unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog;
(2) Permit a dangerous dog or a potentially dangerous dog to go beyond the owner's real property, unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.
(D) If the owner of a dangerous dog or a potentially dangerous dog transfers ownership or possession of the dog to another person, the owner shall provide written notice to:
(1) The Chief Animal Control Officer, stating the name and address of the owner of the dog; and
(2) The person taking possession of the dog, specifying the dog's dangerous behavior and the Chief Animal Control Officer's determination.
(E) A dog that has been determined to be dangerous or potentially dangerous may be humanely destroyed in the following instances:
(1) If the Chief Animal Control Officer determines that a dog that was previously determined to be dangerous either bit a person so as to cause a break in the skin or was at large on two or more separate occasions after such determination, the Chief Animal Control Officer may seek a court order for the dog to be humanely destroyed.
(2) If the Chief Animal Control Officer in determining that a dog is dangerous or potentially dangerous also determines that the dog, without provocation, has killed or inflicted severe injury on a person, the Chief Animal Control Officer may seek a court order that the dog be humanely destroyed.
(F) A dog that has been determined to be dangerous or potentially dangerous may not be disposed of by adoption from the animal shelter.
(G) The keeper or other custodian of any dog that has been determined to be dangerous or potentially dangerous shall report immediately to the Animal Control Officer if the dog gets loose or is otherwise unconfined, or if it attacks a person or another animal.
(H) An Animal Control Officer shall inspect the premises where a dog determined to be dangerous or potentially dangerous is kept if so requested.
(I) If an animal is observed engaged in any of the acts identified as a public nuisance as defined in the definition section of this chapter, and an official complaint is filed and the owner (if known) is notified, the owner is required to keep said animal contained. Each day said animal is not contained, constitutes a separate violation of this chapter and the owner shall be so charged with violation of this chapter.
(Ord. passed 4-5-93; Am. Ord. passed 3-18-96; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15) Penalty, see § 92.99