A. Investigation: In order for a dog or other animal to be deemed "dangerous", the Animal Control Warden must perform a thorough investigation which must include sending, within three (3) days of the department becoming aware of the alleged infraction, notification to the owner of the animal alleged to have committed the infraction, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Animal Control Warden or his appointee prior to the making of a determination. The Animal Control Warden or his appointee shall gather any medical or veterinary evidence; interview witnesses; and make a detailed written report with the findings. No dog or other animal shall be deemed a "dangerous dog" without clear and convincing evidence. The owner of the dangerous animal shall be sent immediate notification of the determination by registered or certified mail that shall include a complete description of the appeal process. Testimony of a certified animal behaviorist may be relevant to the determination of whether the dog's or other animal's behavior was justified pursuant to the provisions of this section.
B. Justification: No dog or other animal shall be declared dangerous if the Animal Control Warden determines the conduct of the dog or other animal was justified because:
1. The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or animal, or upon the property of the owner or custodian of the dog or other animal;
2. The injured, threatened, or killed person was tormenting, abusing, assaulting, or physically threatening the dog or other animal or its offspring; or
3. The dog or other animal was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring;
4. The injured, threatened or killed companion animal was attacking or threatening to attack the dog or other animal or its offspring.
C. Requirements: If a dog or other animal is found to be a dangerous animal, the animal shall be spayed or neutered within ten (10) days of the finding at the expense of the owner and microchipped, if not already, and one or more of the following as deemed appropriate by the investigating officer or his appointee:
1. Evaluation of the dog or other animal by a board certified veterinary behaviorist or other recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog or other animal shall be responsible for all costs associated with the evaluation and training ordered under this section.
2. Direct supervision and leash control by an adult eighteen (18) years of age or older when the animal is on public or private property including the property of the owner.
3. The dog or animal shall be muzzled when the animal is on public or private property other than the property of the owner in a manner that will prevent it from biting any person or other animal.
D. Exemptions: Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police owned dogs are exempt from this section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies and registered with the department of its specific duties. It shall be the duty of the owner of such exempted dog to notify the department of changes of address. In the case of a sentry or guard dog, the owner shall keep the department advised of the location where such dog will be stationed. The department shall provide Quad Com dispatch center with a categorized list of such exempted dogs, and shall promptly notify such department of any address changes reported to them.
E. Leash Required: It is unlawful for any person to knowingly or recklessly permit any dangerous dog or other animal to leave the premises of its owner when not under the control by a leash.
F. Appeal: The owner of a dog or other animal found to be a dangerous animal pursuant to this chapter by the Animal Control Warden may file a complaint in the Administrative Adjudication Department or in the circuit court within thirty (30) days of receipt of the notification of the determination before the hearing officer or the circuit court. After hearing both parties' evidence, the hearing officer or the court may make a determination of a dangerous animal if the investigating officer meets his burden of proof of clear and convincing evidence. Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the investigating officer or his appointee. (Ord. 2021-10, 4-19-2021)