§ 8-25. Preventive measures for confinement of animals.

(a)

Circumstances requiring special measures. When the animal services division deems that preventive measures are appropriate, the division shall have the authority to require the person owning or having possession, charge, custody or control of an animal to comply with specific preventive measures, as described in subsection (c) of this section, after taking into consideration the following circumstances:

(1)

Nature of the particular animal. The behavior, size, temperament, breed, capacity for inflicting serious injury, the number of animals or other such similar factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation.

(2)

Adequacy of confinement. The adequacy of the enclosure or confinement, if any.

(3)

Immediate surrounding area. The likelihood that the conditions pertaining to the particular animal and the animal's confinement are detrimental to the safety or welfare of citizens or the peace and tranquility of citizens in the immediate surrounding area.

(b)

Additional factors. In considering whether to order a special preventive measure, the division is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures, including, but not limited to, the following:

(1)

Child under 13 years of age. There is a child under the age of 13 years who lives in close proximity to the animal or children walk by or are otherwise in close proximity to the property occupied by the animal.

(2)

Bite. The animal has bitten a human being or domestic animal without provocation.

(3)

Dogs trained for security purposes or police attack. The dog is kept primarily or in part for the purpose of security and or police attack purposes.

(4)

Attitude of attack incident. The animal, without provocation, has approached a person or domestic animal in an apparent attitude of attack.

(5)

Reputation of animal. The individual animal has a known propensity, reputation, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.

(c)

Authority to require measures. If the animal services division determines that the circumstances require special preventive measures, the division shall have the authority to require appropriate, specific preventive measures which shall include, but are not limited to, the following:

(1)

Requiring repairs deemed appropriate by the division to any fence or enclosure.

(2)

Measures to ensure that a gate will remain closed.

(3)

A fence or secure dog fence or any other similar device that would provide greater assurance for the confinement of the animal, all of which are subject to being specifically approved for their adequacy by the division. The division shall have the authority to establish the fencing and enclosure requirements on a case-by-case basis.

(4)

When the division deems that preventive measures are appropriate, requiring the animal's owner or person having possession, charge, custody or control of the animal to install a microchip implant in the animal at the owner's or keeper's expense, if that is deemed necessary by the division for identification, investigative or enforcement purposes.

(5)

The division shall have the authority to require the animal's owner or keeper to procure liability insurance in the amount of at least $100,000.00 at the owner's or keeper's expense for the benefit of any person who suffers damages, injury or death caused by the animal and to display a sign on the premises warning of the animal on the premises, for as long as the animal remains in the county. The division shall have the authority to require the owner or keeper to provide written proof of the liability insurance and to require the owner or keeper to have the insurer notify the division of any change in the insurance coverage or policy.

(6)

The animal's owner or keeper shall have the duty to immediately notify the animal services division if the animal escapes.

(7)

The division shall have the authority to seize and impound the animal if the owner or keeper fails to comply with any provision of this section.

(8)

The animal services division shall have the authority to waive any or all of the requirements set forth in this section if the animal service officer determines that the incident is inconsequential.

(d)

Written order. In order to protect the public's safety and welfare, if the animal services division determines that specific preventive measures should be implemented by the animal's owner or keeper, the division shall promptly issue a written order directed to the owner or keeper, stating the reasons why preventive measures are required, describing the specific preventive measures that must be implemented and designating the time period during which the owner is to comply with the written order. The division shall have the authority to exercise discretion in providing for extensions of time for the owner's or keeper's compliance if the division deems an extension to be reasonable in view of the owner's or keeper's good-faith progress in implementing the preventive measures.

(e)

Failure to comply with written order. It shall be unlawful for the animal's owner or keeper to fail to comply with a written order from the division within the designated time for compliance stated in the order or any extension thereof. In addition to the penalties set forth in section 8-62, the penalty for a failure to comply with the written order shall be $100.00.

(f)

Seizure and disposition of animal. In addition to any other authority or procedure authorized by this article or any other ordinance or law to seize an animal, the animal services division shall have the authority to summarily seize any animal from a premises when the division determines that the animal in the surrounding circumstances is dangerous or detrimental to the public safety or public health and to seize an animal at any other time when so authorized by this article. The written order shall explicitly state that the animal services division has the authority to terminate ownership rights to the animal, including the possible humane destruction of the animal, if there is a failure to comply with the written order. If the animal services division presents an animal's owner or keeper with a written order or a court order to seize the animal, it shall be unlawful for the owner or keeper to fail to comply with the order or to interfere with the animal services officer. The animal's owner or keeper shall be entitled to redeem the animal from the animal services division within five days of the date of the animal's seizure (unless the division retains the animal upon some other basis of legal authority) by paying all applicable fees, citation fees, boarding fees, any other costs that are attributable to the animal and by complying with any outstanding division order and court order. If an animal's owner or keeper fails to comply with the requirements that constituted the basis for seizing the animal or fails to reclaim the animal within five days of its seizure, the animal services division shall have the authority to humanely destroy the animal or place the animal for adoption by the public, all in accordance with this article.

(Ord. No. 05-04, § 3.2, 5-15-2005; Ord. No. 2011-04-21-11-01, 4-21-2011)