The following terms and conditions shall apply to this subchapter as written unless context indicates or requires a different meaning:
ANIMAL. Any animal as set out in this section.
ANIMAL CONTROL OFFICER. Any person employed by a municipality, county or state who is trained and certified to provide animal control services.
ANIMAL OWNER. Any person having ownership or personal rights in a dog or other animal, or any person who keeps, cares for, acts as custodian for, or knowingly permits a dog or other animal to remain on or about any premises occupied by him.
EXOTIC WILD ANIMALS. Any snake or animal of a wild, ferocious, fierce, or dangerous species likely to create harm or threat of harm in any place other than zoological parks, aquariums, laboratories, circus, or other licensed exhibitory shows; or those not under the direct supervision of licensed commercial dealers, State Game and Fish Management Commissioners, Federal Wildlife Services or U.S. Department of Agriculture.
CANINE. A dog, any domestic canine animal, species Canis lupus familiaris.
LIVESTOCK. Any members of the equine, bovine, ovine, porcine, and ratite species, and confined domesticated hares, rabbits, and mink.
POULTRY. All domesticated fowl and domesticated game birds which are kept in captivity.
POLICE OFFICER. Any person employed or elected by a municipality, county or state whose duty it is to preserve peace or to make arrests or to enforce law.
POLICE WORK DOG. A dog trained to aid law enforcement officers and used for police work purposes, including the protection of the public, investigation of crime and the apprehension of law violators.
VICIOUS ANIMAL.
(1) Any animal that inflicts unprovoked bites or attacks human beings, canines, livestock, or poultry shall be considered a VICIOUS ANIMAL. At the discretion of an animal control officer or a police officer, any animal that approaches an individual in such a way as to place that individual in reasonable fear of unprovoked injury or attack whether it occurs upon streets, sidewalks, public grounds, or private property may be considered a VICIOUS ANIMAL.
(2) The following procedure shall be followed for classifying an animal as vicious:
(a) The animal control officer shall be authorized initially to classify an animal as vicious. The animal control officer may find and declare an animal to be vicious or aggressive if the officer has probable cause to believe that the animal falls within the definition set forth above. The finding must be based upon:
1. The sworn written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition: or
2. A report establishing probable cause filed with the animal control officer or any law enforcement officer; or
3. Actions of the animal witnessed by the animal control officer or by any law enforcement officer.
(b) The classifying of an animal as vicious shall be in writing and shall be served on the owner by one of the following methods:
1. Certified mail to the owner's last known address; or
2. Personally.
(3) Appeal of determination. Any person who has received notice that his or her animal has been deemed a vicious or aggressive animal may appeal such decision to the Sebastian County Judge. The appeal must be in writing and made within five business days of the day the notice was provided in accordance with this division.
(a) The Judge shall schedule and hold a hearing, within five business days after receiving the written appeal, to review the initial classification. The Judge's decision shall be considered the final decision of the county as to whether the animal is a vicious animal.
(b) If the initial classification is not appealed or if the right to appeal is waived, the initial classification shall be considered the final decision of the county as to whether the animal is a vicious animal.
(c) An appeal from the decision of the Sheriff may only be made to a court of competent jurisdiction.
(4) During the entire appeal process, it shall be unlawful for the owner appealing the classification of vicious animal to allow or permit the animal to:
(a) Be unconfined on the premises of the owner; or
(b) Go beyond the premises of the owner unless such animal is securely leashed and humanely muzzled or otherwise securely restrained.
(Ord. 2021-9, passed 5-18-21; Am. Ord. 2023-24, passed 10-17-23)