(a) Whenever a complaint is made to the Police Department of the presence of a dangerous or vicious dog within the City, the Chief of Police shall promptly inspect or cause an inspection to be made of the premises on which it is alleged that such animal is being kept.
(b) The Chief of Police shall determine that a dog is dangerous pursuant to this chapter upon proof by a preponderance of the evidence of any of the following:
(1) Without provocation, the dog has chased or approached any person or domestic animal in either a menacing fashion or in an apparent attitude of attack;
(2) Without provocation, the dog has attempted to bite any person; or
(3) Without provocation, the dog has bitten or otherwise endangered any domestic animal.
(c) The Chief of Police shall determine that a dog is vicious pursuant to this chapter upon proof by a preponderance of the evidence of any of the following:
(1) Without provocation, the dog has killed or caused physical harm to any person; or
(2) Without provocation, the dog has killed any domestic animal.
(d) If the Chief determines that a dangerous or vicious dog is being kept within the City, the Chief shall then determine the individual, firm or corporation who from the records in the Auditor’s office of Summit County, appears to be the owner of the dog, or if such information is not available, the titled owner of the property upon which the dog is kept, and shall, within five days, cause a written notice to be served on such owner.
(e) The notice required by subsection (d) hereof shall state, in brief, the findings with respect to the dangerous or vicious nature of the dog. The notice shall further state that the owner must comply with the requirements of this chapter within thirty days after service of the notice.
(Ord. 114-2006. Passed 8-22-06.)
(Ord. 114-2006. Passed 8-22-06.)