§ 6-72. Obligations of dangerous and potentially dangerous dog owners.

(a)

Dangerous dogs.

(1)

Registration. The owner of a dog designated as dangerous by the animal control authority shall, within fourteen (14) days of the date of notice of the designation, register the dog with the city. Annual registration is required for as long as the dog is alive or until the dog is determined by the animal control authority to no longer be dangerous. The owner shall permit the animal control authority to inspect the dog and its living arrangements, if deemed necessary by the animal control authority. Upon registration, the owner must present sufficient evidence that:

a.

A proper enclosure exists for the dangerous dog;

b.

There are clearly visible warning signs posted on the front and rear of the premises that inform that there is a dangerous dog on the property that include the uniform warning symbol;

c.

A surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least three hundred thousand dollars ($300,000.00) payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least three hundred thousand dollars ($300,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog has been obtained by the owner; and

d.

A microchip has been implanted in the dog for identification purposes. The owner must provide the animal control authority with the name of the microchip manufacturer and the identification number of the microchip.

(2)

Annual fee and review. If all of the required information has been provided by the owner, the animal control authority shall issue a certificate of registration for the dog. Upon issuance of the certificate of registration, the owner must pay to the city an annual registration fee of two hundred fifty dollars ($250.00). Beginning six (6) months after a dog is designated as dangerous, the owner may request annually that the animal control authority review the designation. If the appeal concerns the designation of a dog as dangerous, the owner must provide evidence that the dog's behavior has changed due to its age, neutering, environment, completion of obedience training that includes modification of aggressive behavior or other factors. If the animal control authority finds sufficient evidence that the dog's behavior has changed, he or she may rescind the dangerous dog designation.

(3)

Additional requirements. The owner of a dangerous dog must comply with the following requirements:

a.

The dangerous dog must be kept in a proper enclosure while on the owner's property. If the dog is outside of the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash that is no more than three (3) feet in length and under the physical restraint of a person at least sixteen (16) years of age who is capable of physically controlling the dog. The muzzle must be of such a design that it will prevent the dog from biting any person or animal but will not cause injury to the dog or interfere with its vision or respiration.

b.

The owner must notify the animal control authority in writing of the death of the dog or its transfer to a new location where the dog will reside within thirty (30) days of transfer or death and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address and telephone number of the person to whom the dog was transferred or the address to where the dog has been relocated.

c.

The dog must be sterilized. If the owner does not have the dog sterilized within thirty (30) days of registration, the animal control authority shall seize the dog and have it sterilized at the owner's expense.

d.

If the owner rents property from another where the dog will be kept, he or she must disclose to the property owner prior to entering into the lease agreement and at the time of any lease renewal that he or she owns a dangerous dog that will reside at the property.

e.

If ownership of the dog is transferred to another, the previous owner must notify the new owner that the city has designated the dog as a dangerous dog. The previous owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address and telephone number.

f.

The dog must have an easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol that is affixed to the dog's collar at all times.

(b)

Potentially dangerous dogs. The owner of a dog that is designated by the animal control authority as a potentially dangerous dog shall maintain the dog under restraint by a responsible person capable of controlling the dog by the use of a leash not exceeding six (6) feet in length at all times when the dog is off the owner's premises. When the dog is on the owner's premises, it must be kept indoors, on a leash or chain not exceeding six (6) feet in length or within a fenced enclosure sufficient to keep the dog within. The owner of a potentially dangerous dog shall also be required to implant a microchip in the dog for identification purposes and must provide the animal control authority with the name of the microchip manufacturer and the identification number of the microchip.

(Ord. No. 2009-20, § 1, 12-22-09)