(A) Seizure. Animal control may immediately seize any dangerous, or potentially dangerous, dog if:
(1) Fourteen days after the owner has notice that the dog is declared dangerous, or potentially dangerous, the dog is not validly licensed, and no appeal has been filed;
(2) Fourteen days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance, or surety coverage, as required, or the required insurance is cancelled;
(3) The dog is not maintained in a proper enclosure;
(4) The dog is outside the proper enclosure, and not under proper restraint, as required by this subchapter;
(5) Thirty days after the owner has notice that the dog is dangerous, the dog is not sterilized, as required by this subchapter;
(6) The dog’s microchip has been removed; and/or
(7) The dog’s owner, or custodian, is in possession of training apparatus, paraphernalia, or drugs intended to be used to prepare, or train, dogs to be fought, and the dog displays evidence that it has been, or will be, fought established by the fact that the dog has fresh wounds, scarring, or is observed in a fight, or has other indications which, to a reasonable person, evidence that the animal has been, or will be, used, trained, or encouraged to fight with another animal.
(B) Subsequent offenses; seizure. If a person has been convicted of violating a provision of this subchapter, and the person is charged with a subsequent violation relating to the same dog, the dog must be seized. If the owner is convicted of the crime for which the dog was seized, the court may order that the dog be destroyed in a proper, and humane, manner, and the owner pay the maintenance costs. If the owner is not convicted, and the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of, used for research, or destroyed.
(Ord. 19, third series, passed 6-21-2011)