(A) No owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by the owner, keeper, harborer, or a handier:
(1) While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen which has a top, and either has a bottom secured to the sides or the sides are embedded in the ground no less that one foot, or such other locked enclosure meeting the same criteria, except that a dangerous dog, but not a vicious dog, may, in the alternative, be kept in a locked, fenced yard or be tied with a leash or tether so that the dog is adequately restrained;
(2) While that dog is on the premises of the owner, keeper, or harborer, keep it on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
(a) Keep that dog in a locked pen which has a top, a locked fenced yard, or other locked enclosure which has a top;
(b) By a person who is responsible and at least 18 years of age; or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to the dog so as to prevent it from causing injury to any person; or
(c) Muzzle the dog.
(3) When the dog is a vicious dog, the owner, keeper, or harborer, shall keep the dog confined as set forth in division (A)(1) above, except when said dog is on a leash or tether as described in division (A)(2) above, then said owner, keeper, or harborer shall additionally keep said dog muzzled at all times, whether on or off the premises of the owner, keeper, or harborer.
(B) No owner, keeper, or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorised to write liability insurance in this state providing coverage in each occurrence; subject to a limit, exclusive of interest and costs, of not less than $100,00 because of damage or bodily injury to or death of a person caused by the vicious dog.
(C) (1) Whenever the Animal Control Officer shall notify an owner, keeper, or harborer of a dog that such dog has been designated as dangerous or vicious, the owner, keeper, or harborer shall have ten days in which to file a written notice of appeal of such designation with the County Board of Commissioners.
(2) Thereafter, the Board of Commissioners shall conduct a hearing on the appeal and shall determine whether the designation dangerous or vicious dog shall remain or be lifted. Written notice of the decision of the Board of Commissioners shall be provided to the owner, keeper, or harborer of such dog and the Animal Control Officer.
(3) From the time the designation is made by the Animal Control Officer, the provisions of this chapter in regard to dangerous and vicious dogs shall be in full force and effect, and each owner, keeper, or harborer, and the Animal Control Officer, shall ensure that the provisions with regard to dangerous and vicious dogs are fully met during such time period.
(4) Any violation of this chapter committed prior to the hearing shall be admissible and such hearing shall be conducted in an informal manner by the Board of Commissioners.
(D) Any person who is the owner, keeper, or harborer of a vicious dog and who transfers the ownership, care, or custody of said vicious dog shall notify the Animal Control Officer of such transfer within 48 hours of the occurrence thereof.
(E) The owner, keeper, or harborer of a dangerous or vicious dog shall post a sign at the normal main entrance to his or her premises where it will be readily visible by anyone, and especially children, coming to his, her, or their property, which sign shall be no less than 16 inches by 16 inches in size; shall have black letters on a yellow background; the letters shall be no less than two inches high and one- half-inch in thickness; and which sign shall say “BEWARE VICIOUS DOG” or “BEWARE DANGEROUS DOG”.
(Ord. 2014-01-03, passed 1-13-2014) Penalty, see § 90.99