A.
DANGEROUS ANIMAL
POTENTIALLY DANGEROUS ANIMAL
PROPER ENCLOSURE
(1)
(2)
PROVOCATION
SEVERE INJURY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An animal that:
An animal that without provocation:
Secure confinement indoors; or
Secure confinement outdoors in a locked structure with secure
sides, roof, and floor that provides protection from the elements
for the animal, is suitable to prevent the entry of young children,
is designed to prevent the animal from escaping, and is approved by
the Animal Control Authority.
An act by a person or animal that a reasonable person would
conclude is likely to precipitate a bite or attack by an ordinary
animal.
A physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
B.
Determination of a potentially dangerous animal or dangerous animal.
(1)
The Animal Control Authority (or designee) may determine if an animal
is a potentially dangerous animal or a dangerous animal.
(2)
If an animal is determined to be a potentially dangerous animal or
a dangerous animal, then the Animal Control Authority must notify
the animal's owner and, if different, the owner of the real property
where the animal is kept, by regular mail and posting notice at the
owner's property. The notice must be posted within 48 hours of
the determination or as soon thereafter as reasonably possible.
(3)
If the Animal Control Authority finds that an animal determined to
be dangerous also poses a threat to public safety, then the Animal
Control Authority may impound the animal pending the final disposition
of the case, including appeal, if any, from the determination. The
animal's owner must reimburse the Animal Control Authority for
the costs of boarding the animal. Boarding costs that are not paid
may be collected in the same manner as a judgment or debt may be collected.
C.
Exceptions: No animal may be declared potentially dangerous or dangerous
if the injury or death was sustained by a person or animal who:
(1)
At the time was unlawfully upon the premises occupied by the owner
or keeper of the animal;
(2)
Was tormenting, abusing, or assaulting the animal; or
(3)
Was committing or attempting to commit a crime; or
(4)
Was injured while touching or petting the animal without the express
permission of the animal's owner or custodian, when the animal
was asleep or in a condition or action in which it is not normally
touched, such as eating, drinking, engaged with offspring, playing,
growling/barking, sick, injured, or if the person reaches through
or over a fence or other barrier toward the animal, provided that
this exception does not include a sustained attack by the animal.
D.
Consequences of a dangerous or potentially dangerous animal determination.
(1)
If the Animal Control Authority determines that an animal is a potentially
dangerous animal and not a threat to public safety if returned to
its owner, the owner must comply with the provisions of this chapter
and any other reasonable requirements that the Animal Control Authority
may establish, including requiring:
(2)
If the Animal Control Authority determines that an animal is a dangerous
animal, the owner must comply with the provisions of this chapter
and any other reasonable requirements the Animal Control Authority
may establish, including requiring:
(a)
That the owner of the dangerous animal is 18 years of age or
older;
(b)
A proper enclosure to prevent the entry of any person or animal
and the escape of the dangerous animal;
(c)
The animal to be photographed by the Animal Control Authority;
(d)
The owner of the dangerous animal to have written permission
of the property owner, landlord, or property manager to maintain the
animal on the premises where the dangerous animal will be kept;
(e)
The owner to maintain the dangerous animal exclusively on the
owner's property except for examination or medical treatment;
(f)
The owner of the dangerous animal to post and maintain on premises
where the animal is kept a clearly visible written warning sign that
there is a dangerous animal on the property with a conspicuous warning
symbol that informs children of the presence of a dangerous animal.
The sign must be visible from the public road or 50 feet, whichever
is less;
(g)
The owner of the animal to have the animal spayed or neutered
within 30 days of being determined dangerous; or
(h)
The owner to have the animal implanted with a microchip containing
owner identification information. The microchip information must be
provided to the Animal Control Authority within 10 days after the
owner is notified that it is required.
(3)
The Animal Control Authority may humanely euthanize an animal that
has been determined to be a dangerous animal and a threat to public
safety if returned to its owner, provided that written notice of the
decision has been sent to the animal's owner by certified mail
to the owner's last known address or delivered to the owner in
person at least 10 days prior to the animal being euthanized.
(4)
The Animal Control Authority may impound the dangerous or potentially
dangerous animal until the animal's owner has satisfied all requirements
imposed by the Animal Control Authority. If the owner fails to satisfy
the requirements within 30 days, the Animal Control Authority may
humanely euthanize the animal, provided that written notice has been
sent by certified mail to the owner's last known address or delivered
to the owner in person at least 10 days in advance of the animal being
euthanized or may offer the animal for adoption by someone who provides
reasonable assurance that he/she will satisfy those requirements.
E.
It is unlawful for the owner of a dangerous animal or potentially
dangerous animal to:
(1)
Allow a potentially dangerous animal to leave or be removed from
the owner's real property unless the potentially dangerous animal
is under the immediate physical control of a responsible adult and
restrained by a chain or leash;
(2)
Fail to keep a dangerous animal within the owner's real property
except for medical treatment or examination. When removed from the
owner's property for medical treatment or examination, the dangerous
animal must be caged or under the control of a responsible adult capable
of physically restraining the animal and muzzled and restrained with
a chain or leash not exceeding four feet in length. The muzzle must
be approved by the Animal Control Authority.
(3)
Fail to notify the Animal Control Authority within 24 hours if the
animal 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.
(4)
Fail to surrender a dangerous or potentially dangerous animal to
the Animal Control Authority for safe confinement pending a disposition
of the circumstances when there is reason to believe that the dangerous
or potentially dangerous animal poses a threat to public safety after
an investigation is conducted by the Animal Control Authority.
F.
If the animal has been sold or given away, the owner must:
G.
An animal determined to be dangerous or potentially dangerous in
another jurisdiction pursuant to its statutory or other regulation
that is generally similar to this section shall be deemed to be dangerous
or potentially dangerous, as the case may be, under this section unless
otherwise determined by the Animal Control Authority and is subject
to such requirements applicable to such an animal as may be determined
by the Animal Control Authority, in addition to the requirements imposed
in the other jurisdiction, except as they may be modified or waived
by the Animal Control Authority. The following shall also apply in
regard to any such animal:
(1)
Anyone who brings such an animal into the County and knows of any
such determination elsewhere shall notify the Animal Control Authority
of each such determination and the details thereof, including a copy
of the pertinent documents, and the name, address and (as applicable)
telephone number and email address of the owner of the animal and,
if different, the person(s) having custody of the animal in this County.
Such information shall be provided to the Animal Control Authority
no later than two normal business days after bringing the animal into
the County.
(2)
Promptly upon being requested to do so, the owner or other custodian
of the animal in this County shall deliver it to the Animal Control
Authority for observation and evaluation.
(3)
An order or determination in another jurisdiction under which an
animal can avoid being impounded and/or euthanized by being removed
from that jurisdiction shall be deemed to be a determination that
the animal is a dangerous animal for the purpose of this section.
A.
An owner may appeal a determination that an animal is a potentially dangerous animal or dangerous animal and/or requirements established pursuant to such determinations by requesting a hearing before the Animal Appeal Board. An owner must file a written notice of appeal with the County Executive within seven calendar days of notification of the determination by the Animal Control Authority or posting of the notice of determination pursuant to § 133-11B(2), whichever occurs first.
B.
If the owner appeals the determination, the requirements established
by the Animal Control Authority shall not be stayed, except as follows,
unless the owner surrenders the animal for impoundment prior to the
conclusion of the appeal. The following requirements, if established,
shall be stayed during the appeal:
(1)
To have the animal implanted with a microchip containing owner identification
information.
(2)
To have the animal spayed or neutered within 30 days of the animal
being determined dangerous.
(3)
To humanely euthanize an animal that has been determined to be a
dangerous animal and a threat to public safety if returned to its
owner.
