Rules for owning a dog labeled dangerous

A. Dangerous dog designation. 1. An enforcement or animal control officer may designate a dog as dangerous if the officer has probable cause to believe that the dog has committed any of the following: a. While on or off the owner's property, attack a person, causing bodily injury to the person; b. While off the owner's property, attack a pet animal, equine animal, goat, sheep, other domesticated animal, or any animal that is listed as threatened or endangered by the United States Fish and Wildlife Service, causing serious bodily injury or death to the animal; c. While off the owner's property, behave in a manner that a reasonable person would believe poses an imminent threat of bodily injury to one or more persons; d. While off the owner's property, behave in a manner that a reasonable person would believe poses an imminent threat of serious bodily injury or death to a pet animal, equine animal, goat, sheep, other domesticated animal, or any animal that is listed as threatened or endangered by the United States Fish and Wildlife Service. 2. A dog's breed shall not be considered when making the determination of whether a dog is dangerous. 3. Mere growling or barking or a combination of both shall not constitute grounds upon which to designate a dog dangerous. B. The enforcement or animal control officer shall give the owner of a dog designated as dangerous a written notice informing the owner: 1. That the dog has been designated a dangerous dog; 2. That the owner shall be subject to the conditions found in subsection C; and 3. That the owner may, within ten days, submit to the board a written request for a hearing to dispute the designation of the dog as a dangerous dog. C. Conditions of ownership. 1. Address. a. Animal control shall, at all times, have a record of the address of the real property where the dog is kept. b. The owner shall be responsible to notify animal control, in advance, of any change of address. c. The owner shall provide animal control with the express, written consent of the owner of the real property where the dog is kept, in the case where the dog owner is not the owner of the real property. 2. The owner shall restrict the dog's movement as follows: a. When confined indoors, the dog shall be confined in a structure that is not open to the public and is configured in a manner that the dog cannot exit the structure of its own volition, screen doors and window screens shall not be considered proper barriers for preventing the dogs exit; b. When confined outdoors, the dog shall be confined within a locked fenced area, consisting of a fully enclosed structure, with secure sides, top, and bottom, preventing the dog's head from protruding outside the confines of the structure and from which the dog cannot exit of its own volition; c. When outdoors and outside of a locked fenced area meeting the requirements of subsection C.2.b, the dog shall wear a muzzle and be attended to and kept on a leash not more than four feet in length with a tensile strength of at least three hundred pounds, held by, or attached to, a responsible person eighteen years of age or older. d. When in the bed of a truck, the dog shall wear a muzzle and be secured in a manner that prevents the dog from climbing or falling out of the truck bed. 3. Within ten days of the dangerous dog designation, the owner shall: a. Post a sign or signs, of reasonable size, indicating "beware of dog" in a prominent and clearly visible place at the access to the real property where the dog is kept, and on the building or structure in which the dog is confined. 4. Within thirty days of the dangerous dog designation, the owner shall: a. Permanently identify the dangerous dog by injecting into the dog an identification microchip using standard veterinary procedures and practices, which microchip shall include an identification number for the dog and the identification of the person performing the procedure to be registered with animal control; and b. Neuter or spay the dog at the owner's expense, unless medically contraindicated. In the event that the dangerous dog designation is being appealed, within thirty days of confirmation of the designation by the board, unless otherwise specified by the board; and c. Procure and produce evidence to animal control of liability insurance in an amount not less than $50,000 to cover the medical and/or veterinary costs resulting from potential future actions of the dog. The insurance policy shall provide that the policy shall not be canceled unless thirty days' written notice is first given to the board. 5. Within six months of the dangerous dog designation, the owner shall, while accompanied by the dog, attend and complete training sessions conducted by an animal behaviorist, a licensed veterinarian, or other recognized expert in the field. Upon completion, the owner shall transmit documentation of completion to animal control. The owner shall be responsible for all costs associated with the evaluation and training ordered. 6. The owner shall produce proof of compliance with any of the conditions found in this subsection upon the request of the board, animal control, or any enforcement officer. 7. The owner shall notify animal control within twenty-four hours after the owner knows, or reasonably should know, that the movement of the dog was not restricted as required by paragraph 2 of subsection C, or behaved in a manner described in subsection A. 8. Upon the death of a dangerous dog, the owner shall immediately notify animal control and make the body available for identification. 9. The owner shall advise animal control before selling or giving the dangerous dog away. The new owner will be given a dangerous dog notice, and shall be subject to all applicable laws. It is a violation of this law for any person to transfer ownership of a dangerous dog from such person to another person without compliance with this procedure. 10. The owner shall advise animal control of any claims or lawsuits resulting from further instances of attack by the dangerous dog. D. A court of competent jurisdiction may order that a dangerous dog be seized, impounded, or euthanized, or any combination thereof, if the owner of the dog fails to comply with this chapter and if, in the court's judgment, the dog presents a continuing threat of injury or harm to human beings or animals. E. The regulations in this section shall be in addition to other regulations under this chapter. F. Any enforcement or animal control officer is empowered to make such inquiries as are deemed necessary to ensure compliance with this section, and may enter upon private property for purposes of inspecting the premises for compliance with this section. G. All dogs designated as "vicious" dogs by animal control prior to the enactment of ordinance 2922 shall be re-designated as "dangerous dogs" as defined by section 6.04.010 , and shall be subject to this section. (Ord. No. 4082, § 9, 2013)