(A) After a thorough investigation, including: sending notifications to the owner of the alleged infractions within ten business days of the Administrator or Director becoming aware of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator or Director prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control officer, Deputy Administrator, or law enforcement agent may ask the Administrator, or his or her designee, or the Director, to deem a dog to be "dangerous." No dog shall be deemed a "dangerous dog" unless shown to be a dangerous dog by a preponderance of the evidence. The owner shall be delivered immediate notification of the determination in person or by registered or certified mail that includes a complete description of the appeal process.
(B) A dog shall not be declared dangerous if the Administrator, or his or her designee, or the Director determines the conduct of the dog was justified because:
(1) The threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;
(2) The threatened person was abusing, assaulting, or physically threatening the dog or its offspring;
(3) The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or
(4) The dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.
(C) If deemed dangerous, the Administrator, or his or her designee, or the Director shall order:
(1) The dog's owner to pay a $50 public safety fee, which shall be deposited into the Animal Control Fund, and a fine of not less than $250 nor more than $1,000;
(2) The dog to be microchipped and spayed or neutered within 14 days at the owner's expense, if not already; and
(3) One or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
(a) Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this division; or
(b) The dog to be under physical control by an adult 18 years of age or older whenever the animal is off of the premises of its owner.
(D) The Administrator may order a dangerous dog to be muzzled whenever it is off of the premises of its owner in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.
(E) The Administrator may order the owner of a dangerous dog to maintain his animal under restraint and not allow his animal to be outdoors unless contained inside a physical fence that restricts the dog's access to the public way or leashed and under the control of its owner or another responsible person. The Administrator may order that the dog be prohibited from or under specified restrictions at dog parks.
(F) The Administrator may order the owner to display in a prominent place of the premises where a dangerous dog resides a clearly visible sign of appropriate size declaring that a dangerous dog resides at that location. The Administrator shall approve the design of the sign and may require additional signs located at other points of entry.
(G) The owner or custodian of the dog shall notify the animal shelter or the Administrator immediately in the event the dog is at large or has committed an attack on any person or animal or has died.
(H) No owner or keeper of a dangerous dog shall sell or give away the dog without notifying the Administrator.
(I) Whenever an owner of a dangerous dog relocates, he shall notify the Administrator. This includes owners of dogs declared dangerous in the county who are relocating to another county and owners of dogs declared dangerous in other counties who are relocating to Tazewell County.
(Ord. E-19-97, passed 5-29-2019)
Penalty, see § 90.99