(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)