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The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it shall be unlawful for any person to:
(A) Tether, confine, or restrain any dog in such a way as to permit the dog to become frequently entangled in such tether, or render the dog incapable of consuming food or water provided for it; while at the same time allowing adequate space for freedom of movement necessary when tethered for extended periods of time; the tether to be not shorter than three times the length of the dog measured from the tip of its nose to the base of its tail;
(B) Confining a dog within or on a motor vehicle or other enclosure or structure when unattended and under such conditions as may endanger the health and well being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, and confinement with a vicious dog; or
(C) Knowingly placing food of any description containing poisonous or other injurious ingredients in any location likely to be accessible to domesticated animals or livestock.
(Ord. 524, passed 9-13-2010) Penalty, see § 91.99
(A) ABANDONMENT is defined as dropping off or leaving an animal on the street, road, or highway, or in a public place, or the private property of another person, firm, corporation; or in the case of a dog impounded at the animal shelter, a dog is presumed to be abandoned by its owner if they have taken no affirmative action to redeem the dog for a period of five days from the date of notice of impoundment.
(B) Animals may be left at the shelter by arrangement with shelter staff. If the owner refuses to redeem or pay fees for his animal, the owner may be cited for abandonment and the dog will be placed for adoption.
(Ord. 524, passed 9-13-2010)
(A) Aggressive - Level 1. A dog shall be classified as Aggressive Level 1 if while at large, or secured in such a manner as to reach a public right-of-way, or secured in such a manner as to interfere with a legal right of entry to the dog owner’s property the dog does menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person or, while at large, threaten or cause injury to any domestic animal.
(B) Aggressive - Level 2. A dog shall be classified as Aggressive Level 2 if while at large or secured in such a manner as to reach a public right-of-way, or secured in such a manner as to interfere with a legal right of entry to the dog owner’s property the dog does aggressively bite or cause physical injury to any person, or while at large kills any domestic animal.
(C) Dangerous. A dog shall be classified as dangerous if, whether or not confined, causes serious physical injury or death to a person; or is used in the commission of a crime; or is an Aggressive Level 2 dog that repeats the behavior after the owner is notified of the designation.
(D) No dog shall be classified as dangerous or aggressive, even if the dog has engaged in these behaviors, upon a determination that the behavior was caused by abuse or torment of the dog, or criminal activity on the part of any victim.
(E) No dog shall be found to be dangerous or aggressive if it is a dog trained for law enforcement purposes and is on duty under the control of a peace officer.
(F) A Deputy or the Sheriff shall determine whether any dog has engaged in the behaviors specified in divisions (A) through (C) of this section. The determination shall be based upon an investigation that includes observation of the dog’s behavior by a Deputy or the Sheriff, or by other witnesses who personally observed the behavior. Observations must be in writing attesting to the observed behavior.
(Ord. 524, passed 9-13-2010)
The Sheriff’s Officer shall give the dog’s owner written notice by certified mail or personal service that includes the following:
(A) The dog’s specific behavior;
(B) The dog’s dangerous or aggressive classification; and
(C) Restrictions applicable because of the dog’s classification.
(Ord. 524, passed 9-13-2010)
(A) Aggressive - Level 1.
(1) Dogs classified as Aggressive Level 1 shall be restrained at all times by a physical device or structure, in a manner that prevents the dog from reaching any public sidewalk or adjoining property
and must be located so as not to interfere with the public’s legal access to the owner’s property, whenever that dog is outside the owner’s home and not on a leash.
(2) The dog shall be licensed and the license renewed as required.
(3) Change of residence by owner or keeper or change of ownership of the dog shall be reported to the animal control agency. A new owner shall be subject to the same restrictions for the dog as the original owner.
(B) Aggressive - Level 2.
(1) Dogs classified as Aggressive Level 2 shall be confined within a secure enclosure whenever the dog is not on a leash or inside the owner’s and/or keeper’s home. The secure enclosure must be located so as not to interfere with the public’s legal access to the owner’s/keeper’s property.
(2) The dog shall not be off the property unless it is restrained and under the control of a capable person.
(3) The owner or keeper shall purchase and post a “beware of dog” sign at all entrances to the property if the behavior involved humans.
(4) The dog shall be licensed and the license renewed as required.
(5) Change of residence by the owner or keeper or change of ownership of the dog shall be reported to the animal control agency. A new owner shall be subject to the same restrictions as the original owner of the dog.
(6) To ensure proper identification of the dog, the dog shall be micro chipped at the owner’s expense.
(7) The dog shall be sterilized at the owner’s expense.
(C) Dangerous.
(1) A dog classified as dangerous shall be euthanized not less than ten days after classification to allow for rabies quarantine, unless appealed.
(2) The dog shall be impounded upon receipt by the owner or keeper of written notice of classification, pending completion of any appeals.
(3) Where the subject dog has been impounded and an appeal has been filed, the owner or keeper of the dog shall be required to post a deposit of $150 at the time the appeal is requested towards the expense of sheltering the animal during the appeal process.
(4) If the Sheriff’s classification of the dog as dangerous is upheld on appeal, the owner shall be liable for the cost of the dog’s impoundment, and all fees incurred for sheltering and caring for the dog, or forfeit any amount remaining of the original deposit.
(5) If the Sheriff’s classification of dangerous is reversed on appeal, the deposit shall be returned.
(6) Failure to file an appeal as provided or unexcused failure of a party to appear at a duly scheduled hearing, shall constitute a waiver by the party of any further appeal under the chapter. Upon entry of a waiver in the record, the last decision issued by the Sheriff shall become final.
(Ord. 524, passed 9-13-2010)
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