§ 12-2-17. Dangerous dogs.
(a)
Definitions.
(1)
Dangerous dog means:
a.
A dog that:
1.
Without provocation has killed or inflicted severe injury on a person; or
2.
Is determined pursuant to this section to be potentially dangerous because the dog has engaged in one (1) or more of the behaviors listed in subdivision (2) of this subsection.
b.
Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
(2)
Potentially dangerous dog means a dog determined pursuant to this section to have:
a.
Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or
b.
Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
c.
Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack; or
d.
Displayed a propensity or disposition to attack unprovoked by approaching or charging towards a person in a vicious or menacing fashion in an apparent attitude of attack, whether or not the dog is on the owner's property or under restraint.
(3)
[Threatening behavior.] For purposes of subsections (2)(c) and (d) hereof, the following examples of a dog's behavior, while not to be deemed exclusive, shall be considered in the determination as to whether the dog is potentially dangerous: Snarling, baring of teeth, snapping, growling; or straining or lunging against a leash, other restraint, or fence in an attempt to free itself.
(4)
Owner means any person or legal entity that has a possessory property right in a dog.
(5)
Owner's real property means any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
(6)
Severe injury means any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.
(7)
Exceptions. The provisions of this section do not apply to:
a.
A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties;
b.
A dog being used in a lawful hunt;
c.
A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or
d.
A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort; was tormenting, abusing, or assaulting the dog; or was committing or attempting to commit a crime.
(b)
General provisions. It shall be unlawful for any person to own or in any way maintain or harbor any dangerous dog or potentially dangerous dog as defined in this article, except as provided in this section.
(c)
Enforcement. If an animal control officer or law enforcement officer has determined that a dog is dangerous or potentially dangerous, then the animal control officer or law enforcement officer shall notify the owner immediately in writing. The owner shall turn the animal over to the county animal shelter within 24 hours of such notification. Upon the failure of the owner to surrender said animal, an animal control officer or law enforcement officer shall have authority to apply for an appropriate court order to seize the dog and deliver it to the county animal shelter. After six (6) working days, the county animal shelter shall have the duty to dispose of the dog in one (1) of the following ways:
(1)
By the humane destruction of the dog; or
(2)
By giving the dog to an individual or organization, subject to the protective and inspection conditions required by the Humane Society for the well-being of the dog and for the protection of the public, for the purpose of preserving and taking care of the dog. In this case, the animal control officer will notify the appropriate authorities in the jurisdiction where the individual or organization receiving the dog shall be located.
(d)
Appeal. Any person who owns a dog that has been declared dangerous or potentially dangerous by an animal control officer or law enforcement officer shall have the right to appeal this decision and request a hearing contesting that determination by submitting a written request to the city manager within five (5) working days of the determination that the dog is dangerous or potentially dangerous. Submission by the owner of a request for a hearing shall stay the requirement that the dog be delivered to the animal control shelter while the appeal is pending before the hearing panel.
(e)
Hearing procedures upon appeal. The manager shall immediately notify the mayor, who shall name a hearing panel comprised of three (3) citizens to hear the appeal within 10 working days. The hearing panel shall conduct a hearing to determine if the animal control officer's or law enforcement officer's determination that the dog is dangerous or potentially dangerous is correct. If the dog is judged not to be dangerous or potentially dangerous, it shall be returned to the owner without charge. If the hearing panel determines the dog to be dangerous or potentially dangerous, then the dog shall be delivered to the county animal shelter, which shall keep the dog for 30 days and then dispose of the dog according to this section or return it to the owner upon notification by the city that a proper enclosure has been erected for the dog.
(f)
Enclosures for dangerous or potentially dangerous dogs. In the event that a dog has been determined to be dangerous or potentially dangerous, the owner may regain possession of the dog subject to the following conditions. The owner must erect, within 30 days of any final determination, a proper structure and display warning signs as defined within this section. This structure must be inspected and approved by the city building inspection department as meeting the following requirements and standards:
(1)
The structure must be a minimum size of 15 feet by 6 feet with a floor consisting of a concrete pad at least 4 inches thick. If more than one (1) dog is to be kept in the enclosure, the floor area must provide at least 45 square feet for each dog. The walls and roof of the structure must be constructed of welded chain link of a minimum thickness of 12 gauge supported by galvanized steel poles at least two and one-half (2½) inches in diameter. The vertical support poles must be sunk in concrete-filled holes at least 18 inches deep and at least 8 inches in diameter. The chain link fencing must be anchored to the concrete pad with galvanized steel anchors placed at intervals of no more than 12 inches along the perimeter of the pad. The entire structure must be freestanding and not be attached or anchored to any existing fence, building, or structure. The structure must provide self-contained shelter for the dog(s). The structure must be secured by a child-resistant lock.
(2)
A warning sign at least 120 square inches must be visible from each exposure of the structure which is visible to any adjoining property. Each sign must have a graphic representation of a dog such that the dangerous or potentially dangerous dog can be communicated to those who cannot read, including young children.
(3)
The owner of the dog shall be responsible for ensuring that the enclosure is maintained in such condition as to meet the requirements of this article. Failure to maintain or repair the enclosure shall constitute a misdemeanor by the owner.
Prior to the inspection of the enclosure by the building and inspection department, the owners shall pay the current fee for the inspection of an accessory building. The dog shall not be returned to the owner's property until such time as this shelter and warning signs have been approved. While the structure is being approved, the dog must be boarded at the county animal shelter at the owner's expense.
(Ord. No. 92-83, § 1, 8-20-92; Ord. No. 93-27 § 1, 3-4-93)