(A) Dangerous animals. For purposes of this chapter a secure enclosure shall mean a fenced area or structure that is locked, capable of preventing the entry of the general public, including children, capable of preventing the escape of the animal, and clearly marked as containing a dangerous animal. The specifications for containment are outlined in the standard operating procedures of the department and subject to approval by the Animal Control Director and the County Manager.
(B) Investigation. Any complaint regarding a dangerous animal or vicious as defined within this chapter, whether reported by a citizen, or at the animal control officer’s own instigation, shall be investigated. Investigative reports relative to these allegations shall include all information as stated in the department policies and procedures manual.
(C) Declaration.
(1) Based on the findings of an investigation regarding a suspected dangerous or vicious animal, the investigating officer shall make a full report and file it with the Animal Control Department. The investigating officer shall make a determination to:
(a) Declare the animal dangerous or vicious and notify the owner or custodian of that finding; or
(b) Close the case citing insufficient evidence to conclusively deem the animal dangerous or vicious at this time. Closing a case shall not prevent the case from being reopened in the future.
(2) Notification to an owner or custodian that his or her dog has been declared dangerous or vicious shall include the following information;
(a) The owner or custodian has a right to appeal a declaration;
(b) The amount of time for filing an appeal;
(c) The actual date of deadline for filing the appeal;
(d) An outline for the requirements for compliance if the animal is to remain at the residence;
(e) The amount of time for the owner or custodian to accomplish full compliance in order to keep the animal;
(f) The actual date of deadline for compliance; and
(g) A copy of the dangerous or vicious animal section of this chapter, in its entirety.
(D) Necessary impoundment.
(1) If the Animal Control Director, or his or her designee, determines that any owner or custodian cannot sufficiently contain his or her accused animal during the process of appeal, or the required 30-day period for compliance under this chapter, a warrant to seize the animal shall be sought pursuant to the applicable judicial process.
(2) An animal seized under this chapter shall be humanely and securely held at the county animal control shelter or authorized secure facility until the time as the owner or custodian complies with all requirements, or the owner or custodian has exhausted all rights to appeal, or otherwise directed by a court of competent jurisdiction. The confinement shall be at the expense of the owner or custodian.
(E) Hearing.
(1) An owner or custodian, whose animal has been seized by animal control under division (D) above, shall be entitled to a hearing, to be held not later than the thirtieth day after the date on which the animal was seized unless otherwise directed by the court.
(2) This hearing shall be held in the court issuing the warrant, or in any other court of competent jurisdiction for the purpose of appealing the dangerous or vicious animal declaration.
(F) Redemption.
(1) An animal that has been seized by animal control and declared dangerous, and that declaration has been upheld by the courts, if appealed, shall be returned to the owner or custodian only if the owner or custodian has met all requirements, paid all fees, and has established a secure enclosure in which to house the animal that complies with regulations set forth in the department policies and procedures manual, as well as all requirements set forth in division (G) below. A vicious animal may not be returned to the owner.
(2) If the declaration has been reversed through appeal, by a court of competent jurisdiction, the animal shall be returned to its owner or custodian. In this case, no fee will be charged to the owner or custodian.
(3) No animal shall be returned to the owner or custodian once an order has been received
by the courts to destroy the animal.
(G) Requirements for owners or custodians of dangerous animals. Not later than the thirtieth day after a person learns that he or she is the owner or custodian of a dangerous animal, the person shall:
(1) Register the dangerous animal with county animal control;
(2) Meet all requirements for keeping a dangerous animal as set forth in this chapter;
(3) Obtain liability insurance in the amount of at least $100, 000 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person and provide proof of the required liability insurance coverage, or equal financial responsibility, to the Animal Control Director;
(4) Provide a secure enclosure as set forth in the department policies and procedures manual;
(5) The dangerous animal shall be controlled at all times on a leash in the immediate control of a responsible person capable of controlling the animal when not within a secure enclosure as specified herein; and
(6) Sterilize the animal.
(H) Prohibition. No person shall knowingly sell, offer for sale, breed, or attempt to buy a dangerous animal within the county.
(I) Removal to another jurisdiction. No person shall remove an animal that has been declared dangerous to another jurisdiction without the prior knowledge and approval of the Animal Control Director.
(J) Registration. The county animal control shelter shall annually register a dangerous animal if the owner or custodian:
(1) Presents:
(a) Proof of liability insurance or financial responsibility as required by division (G) above;
(b) Proof of current and valid rabies vaccination of the dangerous animal;
(c) Two color photographs of the animal taken within 6 months of application for registration; and
(d) Two photographs of the secure enclosure in which the dangerous animal is kept.
(2) Has the secure enclosure re-inspected by an animal control officer; and
(3) Pays an annual registration fee as set forth in the duly adopted schedule of fees.
(K) Registration tag. Upon completion of the requirements for registering a dangerous animal, the animal control shelter shall provide to the owner or custodian a specific registration tag. The owner or custodian must place the tag on the animal’s collar and ensure that the animal wears the collar with the tag attached, at all times.
(L) Moving to a new address. If an owner or custodian of a registered dangerous animal moves to a new address, within the same jurisdiction, the owner or custodian, not less than 14 days after the date of the move, shall notify the animal control shelter of his or her new address.
(M) New ownership. If an owner or custodian of a registered dangerous animal wishes to give the animal to another person, relinquishing all further ownership or custodianship, the new owner or custodian shall be held to all standards formerly required of the previous owner or custodian. The new owner or custodian shall comply with all requirements for registering the dangerous animal in his or her name. An owner or custodian of a declared dangerous animal shall notify animal control of any attacks the dangerous animal makes on people.
(N) Vicious animals. The disposition of an animal deemed vicious shall be adjudicated. If the victim is a person, the animal must be seized and impounded until a judgment has been made by the court.
(Ord. passed 6-23-1997; Am. Ord. 2004-16, passed 12-15-2004; Am. Ord. 2022-02, passed 3-2-2022) Penalty, see § 90.999