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Ordinance No. 0-24-05
An Ordinance Amending Chapter 3 (Dogs and Cats), Title 8 (Police Regulations), of the Darien City Code

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DARIEN, DU PAGE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE POWERS, as follows:

SECTION 1: Chapter 3, Article 8, "Dogs or Cats," of the Darien City Code, as amended, is hereby further amended to read as follows:

8-3-1: DEFINITIONS:

For the purposes of this chapter, the following definitions shall apply:

ADULT CAT: Any cat over the age of six (6) months.

ADULT DOG: Any dog over the age of six (6) months.

CITY ADMINISTRATOR: Refers to the city administrator or his/her designee.

COMPETENT PERSON: A person who is physically and mentally capable of managing and controlling a dog or cat which is in his/her responsibility while off the premises of the owner or keeper thereof.

CONFINED: The restriction of an animal at all times by the owner, or his/her agent, to an escape proof building, house, or other enclosure away from other animals and the public.

DANGEROUS DOG OR CAT: Any dog or cat that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well being or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "dangerous dog or cat" includes any dog or cat that according to the records of the city, the Darien police department, any law enforcement agency, or a licensed veterinarian:

1. Has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above referenced authorities;
2. Has more than once severely injured or killed a domestic animal while off the owner's property; or
3. Has been used primarily or in part for the purpose of dogfighting, or is a dog trained for dogfighting.

DIRECT CONTROL: The immediate, continuous physical control of a dog or cat such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog or cat and controlled by a person capable of restraining the dog or cat, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog or cat, voice control shall be considered direct control when the dog or cat is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs or cats actually participating in a legal sport in an authorized area or to government police dogs.

ENCLOSURE: A fence or structure of at least six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous dog or cat in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the dangerous dog or cat within the enclosure. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure. If the enclosure is a room within a residence, the door must be locked. A dangerous dog or cat may be allowed to move about freely within the entire residence if it is muzzled at all times.

HOUSED FOR OBSERVATION: When the animal control officer receives information that any person has been bitten by a dog or cat or other animal, the animal control officer, or his/her authorized representative, shall have such dog or cat or other animal confined under the observation of a licensed veterinarian for a period of ten (10) days. The animal control officer may, by regulation, permit such confinement to be reduced to a period ofless than ten (10) days. Such veterinarian shall report the clinical condition of the dog or cat or other animal immediately, with confirmation in writing to the animal control officer within twenty four (24) hours after the dog or cat or animal is presented for examination, giving the owner's name, address, the date of confinement, the breed, description, age, and sex of such dog or cat or other animal, on appropriate forms. The animal control officer shall notify the attending physician or responsible health agency. At the end of the confinement period, the veterinarian shall submit a written report to the animal control officer advising him of the final disposition of such dog or cat or other animal, on appropriate forms. When sufficient evidence is presented that such dog or cat or other animal was inoculated against rabies within the time prescribed by law, it may be confined in the house of its owner, or in a manner which will prohibit it from biting any person for a period of ten (10) days, if the animal control officer, or other licensed veterinarian, adjudges such confinement satisfactory. The animal control officer may, by regulation, permit such confinement to be reduced to a period of less than ten (10) days. At the end of the confinement period, such dog or cat or other animal shall be examined by the animal control officer, or another licensed veterinarian. Such confinement shall be at the expense of the owner of such dog or cat or animal.

IMPOUNDMENT: The taking or picking up and confining of an animal by any police officer, animal control officer or any other public officer under the provisions of this chapter.

MUZZLE: A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

OWNER: Any person, partnership, corporation or other legal entity owning, harboring or keeping any animal, or in the case of a person under the age of eighteen (18), that person's parent or legal guardian. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.

RESTRICTED AREA: Any sidewalk, street, parkway, right of way, park, playground or private lawn other than that of the owner.

RUNNING AT LARGE: Any dog or cat shall be deemed to be running at large when it is off the premises of its owner or keeper and not under the adequate restraint of a competent person. A dog or cat is under adequate restraint within the meaning of this chapter if it is on its owner's or keeper's premises and the dog or cat has not strayed off of such premises; or on a stout leash, not more than six feet (6') in length; or at heel within seven feet (7') of a competent person and obedient to that person's command.

SERIOUS PHYSICAL INJURY: A physical injury that creates a substantial risk of death or that causes death, serious or protracted disfigurement, protracted impairment of health, impairment of the function of any bodily organ, or plastic surgery.

VICIOUS DOG OR CAT: For purposes of this chapter, vicious dog or cat shall have the same meaning as "dangerous dog or cat". (Ord. 0-24-05, 9-19-2005)

8-3-2: PROHIBITIONS:

1. No person or persons shall house, keep or maintain within a single dwelling unit more than three (3) adult dogs and/or cats, or any combination of both dogs and cats.
2. No person shall allow any dog or cat which he/she owns, houses, keeps or maintains to run at large within the city.
3. Any person who owns, houses, keeps or maintains a dog or cat which defecates within or upon a restricted area shall be responsible for removing such defecation.
4. Any person who owns, houses, keeps or maintains a dog or cat, which dog or cat has bitten a person, shall house such dog or cat for observation for a period of ten (10) days at the order of a police officer or the animal control officer.
5. No person shall house, keep or maintain any dog or cat nine (9) months of age or older that does not have a current, valid DuPage County rabies control identification tag and license.
6. No person or persons shall harbor or keep any animal which disturbs the peace by loud noises at any time of the day or night. (Ord. 0-24-05, 9-19-2005)

8-3-3: AUTHORIZATIONS:

1. The chief of police, any officer of the Darien police department or employee, officer or independent contractor of the city hired for that purpose, is authorized to use a chemical type capture gun or other necessary devices to effect the apprehension of a dog or cat running at large.
2. The chief of police, any officer of the Darien police department, or employee, officer or independent contractor of the city hired for that purpose, is authorized to humanely destroy any dog or cat found running at large that presents a real and immediate hazard to persons.
3. The chief of police, any officer of the Darien police department, or employee, officer or independent contractor of the city hired for that purpose, is authorized to incarcerate or cause to be incarcerated at any veterinary hospital any dog or cat found running at large if the owner is unknown. The owner of such dog or cat, when found, shall pay all expenses incurred.
4. The chief of police and/or the animal control officer is authorized to direct any veterinarian at a veterinary hospital housing a dog or cat secured by the Darien police department under this chapter, to humanely destroy such animal housed if the owner cannot be located within a period of ten (10) days from the date of incarceration. (Ord. 0-24-05, 9-19-2005)

8-3-4: IMPLEMENTATION OF PROVISIONS:

The provisions of this chapter providing that no person or persons shall house, keep or maintain within a single dwelling unit more than a total of three (3) adult dogs and/or cats shall be implemented in stages over a period of time for any person who on or before April 1, 2001, was not in compliance with the law, in the following manner: No person or persons who on April 1, 2001, housed, kept or maintained within a single dwelling unit a total of three (3) or fewer adult dogs and/or cats shall be allowed to increase the number of adult dogs and/or cats beyond the maximum number of three (3). Any person or persons who on April 1, 2001, housed, kept or maintained within a single dwelling unit more than a total of three (3) adult dogs and/or cats shall before October 1, 2001, reduce the total number of adult dogs and/or cats to a maximum of the lesser of that number owned on said date or a total of six (6). Whenever a person who is temporarily allowed to maintain up to a maximum of six (6) adult dogs and/or cats under the provisions of this section shall have the number of such dogs and/or cats decreased through death, sale or in any other manner, no new dogs and/or cats shall be added to replace the dogs and/or cats no longer present in the household unless with the additional dogs and/or cats the total number of adult dogs and/or cats within the household shall be a total of three (3) or less. Any person or persons who housed, kept or maintained a total of more than three (3) adult dogs and/or cats within a single dwelling unit on or before April 1, 2001, shall, on or before April 1, 2001, report such fact to the office of the city clerk. Such person shall produce along with this report proof of the number of dogs and/or cats being housed, kept or maintained within the single dwelling unit on April 1, 2001. If the city clerk shall find the proof of the number of dogs and/or cats to be acceptable evidence of such fact, a certificate shall be issued to the person allowing the increased number of dogs and/or cats to be kept until such number becomes diminished to the maximum allowable of a total of three (3) dogs and/or cats as provided in this section. (Ord. 0-24-05, 9-19-2005)

8-3-5: GENERAL PENALTIES:

Any person who shall violate sections 8-3-2 through 8-3-4 of this chapter shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for a first offense and not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for a subsequent offense. Each occurrence of a violation or noncompliance shall be deemed a separate offense. (Ord. 0-24-05, 9-19-2005)

8-3-6: PROCEDURE FOR DECLARING A DOG OR CAT DANGEROUS:

1. The animal control officer, a law enforcement officer, or any adult person may request under oath that a dog or cat be classified as dangerous as defined in section 8-3-1 of this chapter by submitting a sworn, written complaint on a form approved by the city administrator. Upon receipt of such complaint, the city administrator shall notify the owner of the dog or cat that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted. The notice to the owner shall inform the owner of the opportunity to meet with the city administrator prior to the making of a determination.
2. The investigation shall include the gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report. No dog or cat shall be deemed a "dangerous dog or cat" without clear and convincing evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process as set forth in section 8-3-7 of this chapter.
3. At the conclusion of an investigation, the city administrator may:
   1. Determine that the dog or cat is not dangerous and, if the dog or cat is impounded, waive any impoundment fees incurred and release the dog or cat to its owner; or
   2. Determine that the dog or cat is dangerous and order the owner to comply with the requirements for keeping dangerous dogs or cats set forth in section 8-3-10 of this chapter, and if the dog or cat is impounded, release the dog or cat to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten (10) business days after a final determination that a dog or cat is dangerous, the city administrator may cause the dog or cat to be humanely destroyed.
4. A dog or cat shall not be declared dangerous if the city administrator determines the conduct of the dog or cat was justified because:
   1. The threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or cat;
   2. The threatened person was tormenting, abusing, assaulting, or physically threatening the dog or cat or its offspring;
   3. The injured, threatened or killed companion animal was attacking or threatening to attack the dog or cat or its offspring; or
   4. The dog or cat was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel or offspring.
5. If deemed dangerous, the city administrator shall order the dog or cat to be spayed or neutered within fourteen (14) days at the owner's expense and one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
   1. Evaluation of the dog or cat by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog or cat shall be responsible for all costs associated with evaluations and training ordered under this subsection; or
   2. Direct supervision by an adult eighteen (18) years of age or older whenever the animal is on public premises.
6. No dog shall be deemed "dangerous" if it is a professionally trained dog for law enforcement or guard duties.
7. Dangerous dogs shall not be classified in a manner that is specific as to breed.
8. Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police owned dogs are exempt from this section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies as required by law and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the city clerk of changes of address. In the case of a sentry or guard dog, the owner shall keep the city clerk advised of the location where such dog will be stationed. The city clerk shall provide the police department with a categorized list of the exempted dogs, and shall promptly notify the police department of any address changes reported to his/her office. (Ord. 0-24-05, 9-19-2005)

8-3-7: NOTIFICATION OF DECLARATION OF DANGEROUS DOG OR CAT:

1. Within five (5) business days after declaring a dog or cat dangerous, the city administrator shall notify the owner by certified mail of the dog's or cat's designation as a dangerous dog or cat and any specific restrictions and conditions for keeping the dog or cat, as set forth in section 8-3-10 of this chapter. The city administrator also shall notify the chief of police of the designation of any dog or cat as a dangerous dog or cat. Such notification shall describe the dog or cat and specify any particular requirements or conditions placed upon the dog or cat owner.
2. The notice shall inform the dog or cat owner that he/she may request, in writing, a hearing to contest the city administrator's finding and designation within five (5) business days after delivery of the dangerous dog or cat declaration notice.
3. If the city administrator cannot, with due diligence, locate the owner of a dog or cat that has been seized pursuant to this chapter, the city administrator shall cause the dog or cat to be impounded for not less than five (5) business days. If after five (5) days the owner fails to claim the dog or cat, the city administrator may cause the dog or cat to be humanely destroyed. (Ord. 0-24-05, 9-19-2005)

8-3-8: HEARING ON DANGEROUS DOG OR CAT DECLARATION:

1. The city administrator shall hold a hearing within fifteen (15) days after receiving the dog or cat owner's written request for such a hearing. The city administrator shall provide notice of the date, time and location of the hearing to the dog or cat owner by certified mail and the complainant by regular mail.
2. At the hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's or cat's dangerousness. Criteria to be considered in a hearing required by this section shall include, but not be limited to, the following:
   1. Provocation;
   2. Severity of attack or injury to a person or domestic animal;
   3. Previous aggressive history (behavior) of the dog or cat;
   4. Observable behavior of the dog or cat;
   5. Site and circumstances of the incident; and
   6. Statements from interested parties.
3. A determination at a hearing that the dog or cat is in fact a "dangerous dog or cat", as defined in section 8-3-1 of this chapter, shall subject the dog or cat and its owner to the provisions of this chapter.
4. Failure of the dog or cat owner to request a hearing shall result in the dog or cat being finally declared a dangerous dog or cat and shall subject the dog or cat and its owner to the provisions of this chapter. (Ord. 0-24-05, 9-19-2005)

8-3-9: APPEAL FROM DANGEROUS DOG OR CAT DECLARATION:

If the city administrator determines that a dog or cat is dangerous at the conclusion of a hearing conducted under section 8-3-8 of this chapter, that decision shall be final unless the dog or cat owner applies to a court of competent jurisdiction for any remedies that may be available within thirty five (35) days after receiving notice that the dog or cat has been finally declared dangerous. The hearing on appeal on the city administrator's determination shall be de novo. (Ord. 0-24-05, 9-19-2005)

8-3-10: KEEPING OF DANGEROUS DOG OR CAT:

The keeping of a "dangerous dog or cat" as defined in section 8-3-1 of this chapter shall be subject to the following requirements:

1. Leash: No person having charge, custody, control or possession of a dangerous dog or cat shall allow the dog or cat to exit its kennel, pen or other proper enclosure unless such dog or cat is securely attached to a leash not more than four feet (4') in length. No such person shall permit a dangerous dog or cat to be kept on a chain, rope or other type of leash outside its kennel, pen or other proper enclosure unless a person capable of controlling the dog or cat is in physical control of the leash.
2. Muzzle: It shall be unlawful for any owner or keeper of a dangerous dog or cat to allow the dog or cat to be outside of its proper enclosure unless it is necessary for the dog or cat to receive veterinary care or exercise. In such cases, the dog or cat shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's or cat's breathing or vision.
3. Confinement: Except when leashed and muzzled as provided in this section, a dangerous dog or cat shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog or cat from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the definition of "enclosure" set forth in section 8-3-1 of this chapter.
4. Indoor Confinement: No dangerous dog or cat shall be kept on a porch, patio or in any part of a house or structure that would allow the dog or cat to exit such building on its own volition. In addition, no such dog or cat shall be kept in a house or structure when the windows or screen doors are the only obstacles preventing the dog or cat from exiting the structure.
5. Signs: All owners, keepers or harborers of dangerous dogs or cats shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog or Cat".
6. Liability Insurance, Surety Bond: The owner of a dangerous dog or cat shall present to the city clerk proof that he/she has procured liability insurance or a surety bond in the amount of not less than one hundred thousand dollars ($100,000.00) covering any damage or injury that may be caused by such dangerous dog or cat. The policy shall contain a provision requiring that the city be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminates or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a dangerous dog or cat. The dog or cat owner shall sign a statement attesting that he/she shall maintain and not voluntarily cancel the liability insurance policy during the twelve (12) month period for which a permit is sought, unless he/she ceases to own or keep the dog or cat prior to the expiration date of the permit period. In the event that the owner proves to the satisfaction of the city clerk that insurance is not available, he/she may pay a nonrefundable cash fee in the amount of one thousand dollars ($1,000.00) to the city.
7. Animals Born Of Registered Dogs Or Cats: All offspring born of dangerous dogs or cats registered with the city clerk also must be registered with the city clerk within six (6) weeks of birth.
8. Notification Of Escape: The owner or keeper of a dangerous dog or cat shall notify the animal control officer or Darien police department immediately if such dog or cat escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog or cat bites or attacks a person or domestic animal.
9. Failure To Comply: It shall be unlawful and a misdemeanor for any owner of a dangerous dog or cat registered with the city clerk to fail to comply with the requirements and conditions set forth in this section. Any dog or cat found to be in violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this chapter shall result in the revocation of the dog's or cat's license and the permit providing for the keeping of such animal. (Ord. 0-24-05, 9-19-2005)

8-3-11: PERMIT AND TAG REQUIRED FOR A DANGEROUS DOG OR CAT:

1. The owner of a dangerous dog or cat shall, within three (3) business days after the classification of the dog or cat as dangerous or upon acquisition of such a dog or cat, obtain an annual permit from the city clerk to harbor the dog or cat. The fee for such permit shall be two hundred fifty dollars ($250.00) per year.
2. At the time the permit is issued, a red circular tag shall be issued to the owner of the dangerous dog or cat. The tag shall be worn at all times by the dog or cat to clearly and easily identify it as a dangerous dog or cat.
3. The permit for maintaining a dangerous dog or cat shall be presented to the animal control officer upon demand. (Ord. 0-24-05, 9-19-2005)

8-3-12: NOTIFICATION OF INTENT TO IMPOUND:

1. When the city administrator intends to impound a dog or cat declared to be dangerous for violation of section 8-3-10 of this chapter, he/she shall notify the owner or custodian of the dog or cat, by certified mail, of the intended impoundment at least five (5) business days prior to the intended impoundment, except as provided in section 8-3-13 of this chapter.
2. The notice of intent to impound shall inform the owner or custodian of the dog or cat that he/she may request in writing, within five (5) business days prior to the intended impoundment, a hearing to contest the intended impoundment and finding of violation.
3. Upon request by the owner or custodian of the dog or cat for a hearing pursuant to subsection (B) of this section, a hearing shall be held within ten (10) business days after the request for a hearing. Notice of the date, time and location of the hearing shall be provided by certified mail to the dog's or cat's owner or custodian requesting such hearing.
4. If the owner or custodian requests a hearing pursuant to subsection (B) of this section, no impoundment shall take place until conclusion of the hearing, except as authorized in section 8-3-13 of this chapter. (Ord. 0-24-05, 9-19-2005)

8-3-13: IMMEDIATE IMPOUNDMENT:

1. A dog or cat declared to be dangerous may be immediately impounded without a preimpoundment hearing when the city administrator determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of section 8-3-10 of this chapter or when the dog or cat bites a person or domestic animal.
2. The owner or custodian of the dog or cat immediately impounded pursuant to subsection (A) of this section shall be notified of the impoundment by certified mail within five (5) business days after the dog's or cat's impoundment.
3. The notice of impoundment shall inform the owner or custodian of the dog or cat that he/she may request, in writing, a hearing to contest the impoundment within five (5) business days after the mailing of the notice of impoundment.
4. Upon request by the owner or custodian of the dog or cat for a hearing under subsection (C) of this section, a hearing shall be held within ten (10) business days after such request. Notice of the date, time and location of the hearing shall be provided by certified mail to the dog or cat owner requesting the hearing. (Ord. 0-24-05, 9-19-2005)

8-3-14: IMPOUNDMENT HEARING:

1. If, after a hearing on impoundment, the city administrator finds no violation of section 8-3-10 of this chapter, or that the dog or cat has not bitten an individual or domestic animal, the dog or cat shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.
2. Incident to the findings and conclusions made at the impoundment hearing, the city administrator may impose reasonable restrictions and conditions for the maintenance of the dog or cat to ensure the health and safety of the public and the animal. Such conditions may include, but shall not be limited to:
   1. Posting of bond or other proof of ability to respond in damages;
   2. Specific requirements as to size, construction and design of a kennel/enclosure in which to house the dog or cat;
   3. Requirements as to type and method of restraint and/or muzzling of the dog or cat;
   4. Photo identification or permanent marking of the dog or cat for purposes of identification; and
   5. Payment of reasonable fees to recover the costs incurred by the city in ensuring compliance with this chapter. (Ord. 0-24-05, 9-19-2005)

8-3-15: DESTRUCTION:

1. The city administrator may order the destruction of a dog or cat that is determined to be extremely dangerous to public health or safety, a dog or cat that has made an extremely vicious attack upon an individual, or a dog or cat declared dangerous and whose owner is unable or unwilling to adequately restrain it.
2. The city administrator shall give written notice by certified mail of the intention to destroy such dog or cat to the owner or custodian of the dog or cat, who may request in writing, within ten (10) business days after delivery of such notice, a hearing to contest the intended destruction.
3. If no hearing is requested pursuant to subsection (B) of this section, the dog or cat shall be destroyed pursuant to 510 Illinois Compiled Statutes 5/15, and as amended from time to time.
4. If a hearing is requested pursuant to subsection (B) of this section, such hearing shall be held within ten (10) business days after the request; and the dog or cat shall not be destroyed prior to the conclusion of the hearing.
5. The dog or cat owner shall be responsible for payment of all boarding costs and other fees as may be required for the city to humanely and safely keep the animal during any legal proceeding. (Ord. 0-24-05, 9-19-2005)

8-3-16: APPEAL FROM ORDER OF HUMANE DESTRUCTION:

If the city administrator orders a dangerous dog or cat to be humanely destroyed pursuant to section 8-3-15 of this chapter, that decision shall be final unless the dog or cat owner applies to a court of competent jurisdiction for any remedies that may be available within thirty five (35) days after receiving notice of the destruction order. If an appeal is timely filed, the city administrator shall suspend the destruction order pending the final determination of the court. The hearing on appeal on the city administrator's determination shall be de novo. (Ord. 0-24-05, 9-19-2005)

8-3-17: CHANGE OF OWNERSHIP:

1. Any owner of a dangerous dog or cat who sells or otherwise transfers ownership, custody or residence of the dog or cat shall, within ten (10) business days after such change of ownership or residence, provide written notification to the city clerk of the name, address and telephone number of the new owner. It shall also be the responsibility of the person transferring ownership or custody of the dog or cat to provide written notification of the dog's or cat's classification as dangerous to the person receiving the dog or cat. The previous owner shall furnish a copy of such notification to the city clerk along with written acknowledgment by the new owner of his/her receipt of such notification. The city clerk shall notify the animal control officer and the police department of any changes of ownership, custody or residence of the dog or cat within three (3) business days after receiving the required information from the previous dog or cat owner.
2. Any person receiving a dog or cat classified as dangerous must obtain the required permit, tag and enclosure prior to the acquisition of the dog or cat. The new owner shall comply fully with the provisions of this chapter pertaining to obtaining liability insurance, payment of fees, and maintenance, control and ownership of a dangerous dog or cat. (Ord. 0-24-05, 9-19-2005)

8-3-18: CONTINUATION OF DANGEROUS DOG OR CAT DECLARATION:

Any dog or cat that has been declared dangerous by any agency or department of this city, another municipality, county, or state shall be subject to the provisions of this chapter for the remainder of its life. The person owning or having custody of any dog or cat designated as a dangerous dog or cat by any municipality, county, or state government shall notify the city clerk of the dog's or cat's address and conditions of maintenance within ten (10) days of moving the animal into the city. The restrictions and conditions of maintenance of any dog or cat declared dangerous by this city, another municipality, county or state shall remain in force while the dog or cat remains in the city. (Ord. 0-24-05, 9-19-2005)

8-3-19: DECLARATION OF PUBLIC NUISANCE:

The violation of sections 8-3-6 through 8-3-18 of this chapter is hereby declared a public nuisance. (Ord. 0-24-05, 9-19-2005)

8-3-20: DANGEROUS DOG OR CAT PENALTIES:

Whoever violates or fails to comply with sections 8-3-6 through 8-3-18 of this chapter shall be fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00). For a third or subsequent offense within one year of the first offense, such person shall be fined not less than one hundred twenty dollars ($120.00) nor more than seven hundred fifty dollars ($750.00). Each occurrence of a violation or noncompliance shall be deemed a separate offense. (Ord. 0-24-05, 9-19-2005)