Sec. 4-36.  Dangerous Dogs.

 

(a)   A dangerous dog that has been declared as such shall be spayed or neutered and implanted with a microchip identification number by a licensed veterinarian within thirty days after such declaration.  The cost of both procedures is the responsibility of the owner of the dangerous dog.  Written proof of both procedures and the microchip identification number shall be provided to the animal control authority after the procedures are completed.

 

(b)   No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash.

 

(c)   Except as provided in subsection (d) of this section or for a reasonable veterinary purpose, no owner of a dangerous dog shall transport such dog or permit such dog to be transported to another county, city, or village.

 

(d)   An owner of a dangerous dog may transport such dog or permit such dog to be transported to another county, city, or village for the purpose of permanent relocation of the owner if the owner has obtained written permission prior to such relocation from the animal control authority of the county, city, or village in which the owner resides and from the county, city, or village in which the owner will reside.  Each animal control authority may grant such permission based upon a reasonable evaluation of both the owner and the dog, including if the owner has complied with the laws of this state and of the county, city, or village in which he or she resides with regard to dangerous dogs after the dog was declared dangerous.  An animal control authority shall not grant permission under this subsection if the county, city, or village has an ordinance or resolution prohibiting the relocation of dangerous dogs.  After the permanent relocation, the animal control authority of the county, city or village in which the owner resides shall monitor the owner and such dog for a period of at least thirty days but not to exceed ninety days to ensure the owner's compliance with the laws of this state and of such county, city, or village with regard to dangerous dogs.  Nothing in this subsection shall permit the rescindment of the declaration of dangerous dog.

 

(e)   No person, firm, partnership, limited liability company, or corporation shall own, keep, or harbor or allow to be in or on any premises occupied by him, her, or it or under his, her, or its charge or control any dangerous dog without such dog being confined so as to protect the public from injury.

 

(f)   While unattended on the owner's property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping.  The pen or structure shall have secure sides and a secure top.  If the pen or structure has no bottom secured to the sides, the sides shall be imbedded into the ground at a depth of at least one foot.  The pen or structure shall also protect the dog from the elements.  The pen or structure shall be at least ten feet from any property line of the owner.  The owner of a dangerous dog shall post warning signs on the property where the dog is kept that are clearly visible from all areas of public access and that inform persons that a dangerous dog is on the property.  Each warning sign shall be no less than ten inches by twelve inches and shall contain the words warning and dangerous animal in high-contrast lettering at least three inches high on a black background.  Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this section.  The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated this section.

 

(g)   Any person convicted of a violation of this section shall not own a dangerous dog within ten years after such conviction.  Any person violating this subsection shall be guilty of an offense, and the dog shall be treated as provided in subsection (h) of this section.

 

(h)   If a dangerous dog of an owner with a prior conviction under this section attacks or bites a human being or another domestic animal, the owner shall be guilty of an offense.  In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

 

Source: Ord. No. 5023, 2, 8-18-08