(A) Upon receipt of a complaint and after conducting an investigation, the Animal Control Officer is authorized to make a determination whether a dog is a potentially dangerous based upon the factors listed in § 90.076 of this chapter and shall present findings and a recommendation to the Prosecuting Attorney for the city requesting issuance of a summons and complaint if he or she determines the dog to be potentially dangerous.
(B) Upon a sworn complaint that a dog is potentially dangerous and the dog has met any of the behavioral criteria listed in § 90.076 of this chapter, a District Court shall issue a summons to the owner ordering him or her to appear to show cause why the owner should not be required to comply with the following:
(1) Register the dog with DCACA as a potentially dangerous dog and pay a registration fee of $75 annually;
(2) Maintain the dog at all times in a proper enclosure;
(3) Post the premises where the dog is kept with a clearly visible sign warning that the dog on the premises is potentially dangerous to others. The lettering on the sign shall be visible for a distance of 40 feet or more; and
(4) Must have affixed on collar at all times on animal a dangerous dog tag obtained at the DCACA Animal Shelter.
(C) (1) Upon the filing of a sworn complaint, the court or magistrate shall order the owner to immediately turn the dog over to the DCACA, an incorporated humane society, a licensed veterinarian or a boarding kennel, at the owner’s option, to be retained by them until a hearing is held and a decision is made for the disposition of the dog. The owner shall notify the person who retains the dog under this section of the complaint and order. The expense of the boarding and retention of the dog is to be borne by the owner. The dog may not be returned to the owner until it has a current rabies vaccination, a license as required by ordinance, and upon order of the court that the dog should be returned.
(2) After a hearing, the magistrate or court shall order compliance with the following provisions if it is determined that the dog is potentially dangerous:
(a) Register the dog with DCACA as a potentially dangerous dog and pay a registration fee of $75 annually;
(b) Maintain the dog at all times in a proper enclosure;
(c) Post the premises where the dog is kept with a clearly visible sign warning that the dog on the premises is potentially dangerous to others. The lettering on the sign shall be visible for a distance of 40 feet or more; and
(d) Must wear a dangerous dog tag, available at the DCACA Shelter, on collar at all times.
(D) If the dog is found to be a potentially dangerous dog, it shall be a violation to:
(1) Keep a potentially dangerous dog without a valid certificate of registration required by this section;
(2) Permit a potentially dangerous dog to be outside a proper enclosure unless the potentially dangerous dog is under the control of a responsible person and restrained by a chain or leash, not exceeding four feet in length;
(3) Fail to notify the DCACA or Police Department immediately if the potentially dangerous dog is on the loose, is unconfined, has attacked another domestic animal, has attacked a human being, has died, has been sold or has been given away. If the potentially dangerous dog has been sold or given away, the owner shall also provide the Animal Control Officer with the name, address and telephone number of the new owner of the potentially dangerous dog; and
(4) Fail to surrender the potentially dangerous dog to the Animal Control Officer for safe confinement pending a disposition of the case when there is a reason to believe that the potentially dangerous dog poses a threat to public safety; or failure to comply with any special security or care requirements for a potentially dangerous dog that the Animal Control Officer may determine is necessary for public safety.
(Prior Code, § 4-7) (Ord. 1370, passed 9-17-2012) Penalty, see § 90.999