[Adopted 11-13-2008]
As used in this article, the following terms
shall have the meanings indicated:
A canine or canine crossbreed whose actions and/or behaviors
place a person in reasonable apprehension of bodily injury.
A.
Notwithstanding the provisions of this section, an
Animal Control Officer, or County law enforcement officer, may determine,
after investigation, when a dog is a threatening dog. Factors to be
used to make this determination shall include, but not be limited
to, the following:
(1)
Proximity of the dog to the person at the time of
the actions and/or behaviors;
(2)
Barking;
(3)
Snarling;
(4)
Growling;
(5)
Raised hackles;
(6)
The bearing of teeth and/or snapping of the teeth;
(7)
Attempting to bite and/or the grabbing of the clothes
of the person without skin contact; and
(8)
Chasing the person.
B.
If the animal's owner disagrees with the Animal Control
Officer's determination, he may appeal the determination for a trial
on the merits.
C.
Any person, Animal Control Officer, or County law
enforcement officer who has reason to believe that a canine or canine
crossbreed within his jurisdiction is a threatening dog shall apply
to a Magistrate of the jurisdiction for the issuance of a summons
requiring the owner or custodian, if known, to appear before a General
District Court at a specified time. The summons shall advise the owner
of the nature of the proceeding and the matters at issue. The Animal
Control Officer, or county law enforcement officer, shall confine
the animal until such time as evidence shall be heard and a verdict
rendered. If the Animal Control Officer, or County law enforcement
officer, determines that the owner or custodian can confine the animal
in a manner that protects the public safety, he may permit the owner
or custodian to confine the animal until such time as evidence shall
be heard and a verdict rendered. The court, through its contempt powers,
may compel the owner, custodian or harborer of the animal to produce
the animal. If, after hearing the evidence, the court finds the animal
is a threatening animal, the court shall order the animal's owner
to comply with the provisions of this article.
A.
No canine or canine crossbreed shall be found to be
threatening solely because it is a particular breed, nor shall the
local governing body prohibit the ownership of a particular breed
of canine or canine crossbreed.
B.
No animal shall be found to be threatening to a non-invitee
when such animal remains on its owner's property.
C.
No animal shall be found to be threatening if the
threat was sustained by a person who was committing, at the time,
a crime upon the premises occupied by the animal's owner or custodian;
or who was committing, at the time, a willful trespass or other tort
upon the premises occupied by the animal's owner or custodian; or
who was provoking, tormenting, or physically abusing the animal; or
who can be shown to have repeatedly provoked, tormented, abused, or
assaulted the animal at other times.
D.
No police dog that was engaged in the performance
of its duties as such at the time of the acts complained of shall
be found to be a threatening dog.
E.
No animal which, at the time of the acts complained
of, was responding to pain or injury, or was protecting itself, its
kennel, its offspring, or its owner or owner's property, shall be
found to be threatening dog.
A.
The owner of an animal found to be a threatening dog
shall, within 10 days of such finding, obtain a threatening dog registration
certificate from the Treasurer's office for a fee of $50, in addition
to other fees that may be authorized by law.
B.
The local Animal Control Officer shall also provide
the owner with a uniformly designed tag that identifies the animal
as a threatening dog. The owner shall affix the tag to the animal's
collar and ensure that the animal wears the collar and tag at all
times.
C.
All certificates obtained pursuant to this section
shall be renewed annually for the same fee and in the same manner
as the initial certificate was obtained.
While on the property of its owner, an animal
found to be a threatening dog shall be confined indoors or in a securely
enclosed and locked structure of sufficient height and design to prevent
its escape or direct contact with or entry by minors, adults, or other
animals. The structure shall be designed to provide the animal with
shelter from the elements of nature. When off the owner's property,
an animal found to be a threatening dog shall be kept on a leash.
If the owner of an animal found to be threatening
is a minor, the custodial parent or legal guardian shall be responsible
for complying with all the requirements of this article.
After an animal has been found to be a threatening
dog, the animal's owner shall immediately, upon learning the same,
notify the Sheriff's Office if the animal is loose or unconfined;
threatens a person; bites a person or attacks another animal; is sold,
given away, or dies; or has been moved to a different address.
A violation of this article shall be punishable
as a Class 3 misdemeanor for the first offense, and any subsequent
violation shall be punishable as a Class 1 misdemeanor.
