(A) Dangerous dogs.
(1) For the purposes of this section,
DANGEROUS DOGS is as defined in § 90.01.
(2) FOUND TO BE A DANGEROUS DOG means:
(a) The Administrator, an animal control warden or a law enforcement officer has conducted an investigation and made a finding in writing that the dog is a dangerous dog as defined § 90.01 and based on that finding, the Administrator, an animal control warden or law enforcement office has declared in writing that the dog is a dangerous dog; or
(b) The Court has found the dog to be a dangerous dog as defined in § 90.01 and has entered an order based on that finding.
(3) The Administrator, an animal control warden, the State’s Attorney or any citizen of the county in which a dangerous dog exists may file a complaint in the name of the people of the state to enjoin all persons from maintaining or permitting same to leave his or her premises when not under control by leash or other recognized control methods.
(4) It is unlawful for any person to maintain a public nuisance by permitting any dangerous dog or other animal to leave the premises of its owner when not under control by leash or other recognized control methods.
(5) Upon the filing of a complaint in the Circuit Court, the Court, if satisfied that this nuisance may exist, shall grant a preliminary injunction with bond in an amount as the court may determine enjoining the defendant from maintaining the nuisance.
(6) If the existence of the nuisance is established, the owner of the dog or other animal shall be in violation of this chapter, and in addition, the court shall enter an order restraining the owner from maintaining the nuisance and may order that the dog or other animal be humanely dispatched.
(B) Vicious dogs.
(1) For purposes of this section,
VICIOUS DOG is defined in § 90.01.
(2) FOUND TO BE VICIOUS DOG means:
(a) The Administrator, an animal control warden or a law enforcement officer has conducted an investigation and made a finding in writing that the dog is a vicious dog as defined in § 90.01 and based on the finding, the Administrator, animal control warden or a law enforcement officer has declared in writing that the dog is a vicious dog; or
(b) The Circuit Court has found the animal to be a vicious dog as defined in § 90.01 and has entered an order based on that finding.
(3) No dog shall be deemed vicious if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained animal for law enforcement.
(4) If a dog is found to be vicious dog, the animal shall be subject to enclosure.
(5) ENCLOSURE means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog within the enclosure. The enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the dog from escaping from the enclosure.
(6) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is at all times kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are:
(a) If it is necessary for the owner or keeper to obtain veterinary care for the dog; or
(b) To comply with the order of the Circuit Court, provided that the dog is securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding three feet in length, and that the dog shall be under the direct control and supervision of the owner or keeper of the dog.
(7) Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Administrator, an animal control warden or the law enforcement authority having jurisdiction in the area and shall be turned over to a licensed veterinarian for destruction by lethal injection.
(8) A notice of impoundment shall include the following:
(a) The owner’s name, address and telephone number;
(b) The name, address and telephone number of any witnesses;
(c) An animal report number;
(d) A statement of violation;
(e) An accurate description of the animal or animals involved;
(f) Date/time violation occurred;
(g) Date on which the animal or animals were impounded;
(h) Signature of the county animal control representative; and
(i) Disposition date. A dog or dogs impounded may be turned over to a licensed veterinarian for destruction by lethal injection.
(9) The dog may be humanely destroyed, if:
(a) The owner of the dog has not appealed the impoundment order to the Circuit Court in the county in which the dog was impounded within seven working days; and
(b) The owner of the dog has not notified the county animal control warden Department in writing of the appeal or impoundment within the aforementioned seven working day time period.
(10) A dog found to be a vicious animal shall not be released to the owner until the Administrator or animal control warden approves the enclosure as defined in this section.
(11) No owner or keeper of a vicious dog shall sell or give away the dog.
(12) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, 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 dog shall be currently inoculated against rabies in accordance with § 90.08. It shall be the duty of the owner of the exempted dog to notify the Administrator of changes or address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where the dog will be stationed. The Administrator shall provide Police and Fire Departments with a categorized list of the exempted dogs, and shall promptly notify the departments of any address changes reported to him or her.
(13) (a) The Administrator, the County State’s Attorney or any citizen of the county in which a dangerous dog or other animal exists may file a complaint in the name of the people of the state to enjoin all persons from maintaining or permitting such, to abate the same, and to enjoin the owner of the dog or other animal from permitting same to leave his or her premises when not under control by leash or other recognized control method.
(b) Upon the filing of a complaint in the Circuit Court of the Twelfth Judicial Circuit, the Court, if satisfied that the nuisance may exit, shall grant a preliminary injunction with bond in an amount as the court may determine enjoining the defendant from maintaining the nuisance.
(c) If the existence of the nuisance is established, the owner of the dog or other animal shall be in violation of this chapter, and in addition, the court shall enter an order restraining the owner from maintaining the nuisance and may order that the dog or other animal be humanely dispatched.
(1980 Code, § 90.06) (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006) Penalty, see § 90.99