(A) Criteria. The following criteria are to be used to define a dog as potentially DANGEROUS:
(1) Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack;
(2) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals; or
(3) Any dog which, on three separate occasions within a 12-month period has been observed being unrestrained or uncontrolled off its owner’s premises by an animal control officer or has been impounded by an animal control officer for being unrestrained or uncontrolled off its owner’s premises.
(Prior Code, § 6-2-6)
(B) Determination hearing.
(1) A determination hearing shall be conducted by the Animal Commissioner whenever there is cause to believe a dog may be dangerous as defined in division (A) above. Said hearing shall be conducted within five days of service notice to the owner by certified letter. Pending the outcome of such a hearing, the dog must be securely confined in a humane manner either on the premises of the owner, with a licensed veterinarian, or at the county’s animal pound.
(2) The Animal Commissioner shall determine whether to declare the animal to be dangerous based upon evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be considered germane to such a determination, Health Department personnel, animal control personnel, police, or any other person possessing information pertinent to such determination. The animal commissioner shall issue written findings within five days after the determination hearing.
(Prior Code, § 6-2-6-1)
(C) Characteristics. The following characteristics should automatically characterize a dog as dangerous, and no hearing is required:
(1) Any dog which, according to the records of the appropriate authority, has inflicted severe injury on a human being without provocation on public or private property;
(2) Any dog which, according to the records of the appropriate authority has killed a domestic animal without provocation while off the owner’s property; and/or
(3) Any dog owned or harbored primarily in part for the purpose of dogfighting or any dog trained for dogfighting.
(Prior Code, § 6-2-6-2)
(D) Exceptions to being declared dangerous.
(1) No dog may be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
(2) No dog may be declared dangerous if such dog is used in law enforcement activities.
(Prior Code, § 6-2-6-3)
(E) Owner’s obligation. Any dog declared dangerous by a hearing or by the characteristics defined in division (C) above must:
(1) While on the owner’s property be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet; and
(2) When off the owner’s premises be muzzled and restrained by a substantial chain or leash not exceeding six feet in length and under the control of a responsible person.
(Prior Code, § 6-2-6-4)
(F) Warning signs required for premises. The owner or keeper of a dangerous dog shall display a sign on his or her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the street running past the property. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog.
(Prior Code, § 6-2-6-5)
(G) Insurance required. The owner or keeper of a dangerous dog shall present to the Village Clerk proof that the owner or keeper has procured liability insurance in the amount of at least $100,000 covering the 12-month period during which licensing is sought. This policy shall contain a provision requiring the village to be named as an additional insured for the sole purpose of the village’s notification by the insurance company of any cancellation, termination, or expiration of the policy.
(Prior Code, § 6-2-6-6)
(Ord. passed 8-14-2000) Penalty, see § 90.99