§ 6-76. Requirements for owner of dangerous dog.

(a)

An owner of a dog determined to be dangerous must comply with all of the following requirements before the dog can be released to the owner by the city:

(1)

The owner must register the dog as a dangerous dog on annual basis, and pay an annual registration fee of fifty dollars ($50.00) to the city upon proof of:

(A)

Liability insurance or financial responsibility in the limits discussed below;

(B)

Current rabies vaccination; and

(C)

The secure enclosure where the dangerous dog will be kept.

The city shall provide the owner with a registration number and the owner is obligated to place the registration tag number on the dog's collar.

(2)

The dangerous dog shall at all times wear a collar approved by the department visible at fifty (50) feet so that the dog can be identified as a dangerous dog. The department is authorized to charge the owner a fee to cover the cost of this collar.

(3)

The owner must obtain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person or other animals and provide proof of the required liability insurance coverage or financial responsibility to the director or his designee. The insurance shall be kept in effect continuously and shall not be cancelled unless the dangerous dog is no longer kept by the insured owner.

(4)

The dangerous dog, when taken outside of its enclosure, must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration, but shall prevent it from biting any person or animal. The dangerous dog must be restrained by a sturdy leash six (6) feet in length. The department is authorized to charge the owner a fee to cover the cost of this leash.

(5)

The owner shall post a sign on his/her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway.

(6)

The owner shall authorize the city to implant a microchip beneath the skin of the dangerous dog for positive identification of the animal, at the owner's expense.

(7)

The dangerous dog must be spayed or neutered.

(8)

The owner must allow an annual inspection of the residence where the dog is kept to ensure continued compliance with all requirements of this section. More frequent inspections may be conducted in response to specific complaints regarding noncompliance with these requirements.

(b)

If the owner of a dog determined to be dangerous is unable or unwilling to comply with the ownership requirements listed above, the owner shall deliver the dog to the city no later than the thirtieth (30th) day after the owner learns the dog is a dangerous dog. A dog determined to be dangerous under this chapter shall not be offered for adoption, rescue, or sale. The dangerous dog will be euthanized humanely.

(c)

If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing that the owner of a dangerous dog has failed to comply with subsection (a) or (b), the court shall order the city to seize the dog and shall issue a warrant authorizing the seizure. The city's animal control officers shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.

(1)

The hearing must be held not later than the tenth (10th) day after the date on which the dog is seized or delivered.

(2)

The court shall give written notice of the time and place of the hearing to:

(A)

the owner of the dog or the person from whom the dog was seized; and

(B)

the person who made the complaint, if the contact information is available.

(3)

Any interested party, including the county or city attorney, is entitled to present evidence at the hearing.

(4)

The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.

(5)

An owner or person filing the action may appeal the decision of the municipal or justice court in the same manner for appealing the dangerous dog determination.

(d)

The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dog. Costs must be paid to the city in cash or certified funds only.

(e)

The court shall order the city to humanely destroy the dog if the owner has not complied with subsection (a) before the eleventh (11th) day after the date on which the dog is seized or delivered to the city, except that, notwithstanding any other law or local regulation, the court may not order the destruction of a dog during the pendency of an appeal. The court shall order the city to return the dog to the owner if the owner complies with subsection (a) before the eleventh (11th) day after the date on which the dog is seized or delivered to the authority.

(f)

The court may order the humane destruction of a dog if the owner of the dog has not been located before the fifteenth (15th) day after the seizure and impoundment of the dog.

(Ord. No. 2018-20, § 1, 8-13-2018)