Chapter 6.18
VICIOUS CANINES
Sections:
6.18.020 Notification and Hearing
6.18.040 Reporting and Registration
6.18.050 Penalties and Exemption
6.18.010 Determination
A. To protect and provide public safety and without a court order, a Humane Services officer may seize and impound a dog for a period of no more than seventy-two (72) hours based upon probable cause to believe the dog is a vicious dog. At the end of the seventy-two (72) hour period, the dog shall be released unless the Municipal Court Judge has ordered the impoundment of the dog continued, or the Humane Services officer has ordered a hearing, or unless there is another legal basis for continuing the impoundment of the dog.
B. It shall be an affirmative defense to a determination of viciousness that:
1. An injury was sustained to a human, dog, cat or livestock as the result of teasing, tormenting, abusing or assaulting the dog.
2. The dog was defending or protecting a human being or the dog’s young.
3. The dog injures or attacks a person criminally trespassing on or unlawfully breaking into private property.
4. The dog, being on its owner’s or custodian’s premises, attacks, injures or kills a dog or cat. (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007)
6.18.015 Hearing Officer
The City Manager of the City of Winslow shall appoint a Hearing Officer to preside over all hearings and related matters set out in this chapter. The personal hearing rules shall apply. (Ord. 1224 (part), 2014: Ord. 1129 (part), 2010; Ord. 1009 (part), 2007)
6.18.020 Notification and Hearing
A. The Humane Services officer shall deliver in person or send to the dog owner or custodian by certified mail, return receipt, the notice of hearing. Notification to owner or custodian will be considered complete at the mailing of the notice.
B. Notices may be left at the doorstep or mailed by first-class mail to other interested persons, including, but not necessarily limited to, all properties contiguous to the address of the owner or custodian of the dog.
C. A hearing date shall be set no later than ten (10) calendar days from the date of notification (from the date of personal delivery of notice or the date of mailing of the notice sent by certified mail).
D. The hearing shall be informal and shall be open to the public. At the hearing, both testimony and documentary evidence may be taken from any interested persons and be considered in determining whether the dog is vicious. If any owner or custodian fails to appear after proper notice was given, the hearing may proceed without him/her being present. The Hearing Officer’s decision shall be based on the preponderance of evidence and will be final.
E. After the hearing, the Humane Services officer shall notify in person the owner or custodian of the dog of the determination or, if the matter is taken under advisement, may notify him/her in writing of the determination. Notification will be considered complete at the mailing of the notice. If a determination is made that the dog is vicious, the owner or custodian shall comply with a time schedule established and broken down into immediate and time limited steps as specified by the Hearing Officer. Compliance with immediate steps shall be as soon as notification of the determination is completed. Compliance with time limited steps shall be within thirty (30) days of the date that notification of the determination is completed or on any date specifically stated, whichever is earlier. The owner or custodian may also, upon notification that the dog has been declared vicious, request that the dog be humanely destroyed in accordance with ARS 24-371(6). (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007)
6.18.030 Control and Security
Once a dog is declared vicious, the Hearing Officer may require in his/her sole discretion any or all other reasonable steps by the owner or custodian to continue ownership or custodial care of such animal. The steps are broken down into immediate and time limited:
A. Immediate.
1. Leash and Muzzle. No person shall permit a vicious dog outside confinement unless such dog is securely leashed with a leash no longer than six (6) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside confinement unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all vicious dogs on a leash outside confinement must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. Any pen must meet the requirements of subsection B of this section.
2. Notification. Should it be necessary to provide the dog with medical attention, it is the responsibility of the owner or custodian to provide advance notification to the veterinarian’s office that this dog has been declared vicious.
3. Confinement Indoors. No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building of its own volition. In addition, no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure. If the door is answered while the dog is indoors, the dog must either be on a leash or behind another closed door.
B. Time Limited.
1. Confinement Outdoors. All vicious dogs shall be confined in a securely enclosed and locked pen except when leashed and muzzled.
a. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Such pen shall be constructed entirely of nine (9) gauge chain link fencing with secured sides. This structure must also have a secure top and bottom or floor attached to the sides of the pen. If there is no secure floor, the sides of the pen must be embedded in the ground no less than two (2) feet.
b. No pen wall may be part of a perimeter fence.
c. All structures erected to house vicious dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted, ventilated and kept in a clean and sanitary condition and any other condition that provides for humane care. (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007)
6.18.040 Reporting and Registration
A. The following types of information must be reported by the owner or custodian of the vicious dog to the Humane Services officer within ten (10) calendar days of occurrence:
1. Spaying or neutering of the dog.
2. Any permanent change of location and/or ownership of the dog to another location and/or owner or custodian.
B. The following occurrences must be reported by the owner or custodian to the Humane Services officer, enforcement agent or law enforcement officer within twenty-four (24) hours of occurrence:
1. A vicious dog is at large.
2. A vicious dog bites or attacks another dog, cat or livestock, with or without reasonable provocation.
3. The vicious dog, with or without reasonable provocation, has attacked a human being.
C. A dog declared vicious shall not only be routinely registered with animal control yearly, but shall also be permanently registered as a vicious dog at the expense of the owner or custodian. A registration number as decided by the Humane Services officer will be tattooed on the inner right ear of the dog. A veterinarian will place this tattoo or a person trained as a tattooist. A written certificate shall be obtained from the veterinarian or tattooist and provided to the Humane Services officer to prove compliance.
D. Reproductivity. Any dog that is declared vicious shall be spayed or neutered by a veterinarian after notice of declaration. A certificate from the veterinarian shall be obtained by the owner or custodian and provided to the Humane Services officer to prove compliance.
E. Change of Ownership. Once a dog has been declared vicious, ownership may not be transferred to any other person without notice to the Humane Services officer. The new owner is required to be in compliance with this chapter.
F. Signs. All owners or custodians of vicious dogs within the City shall display, in a prominent place on their premises, a sign in three (3) inch letters, which is easily readable by the public using the words: "This dog has been deemed vicious by the City of Winslow." In addition, a similar sign is required to be posted on the pen of such animal. (See "Sign" definition for further compliance.) (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007)
6.18.050 Penalties and Exemption
A. The purpose of complying with these requirements for a dog declared vicious is to prevent attacks, injuries or deaths by mandating the use of control methods.
1. Any person violating or permitting the violation of any provision of this chapter shall be guilty of a Class 1 misdemeanor and shall be liable for all injuries and property damage sustained by any person, dog, cat or livestock caused without provocation by said vicious dog. In addition to any fine imposed, the Court:
a. May order the vicious dog destroyed; and
b. May order the owner or custodian to pay all expenses, including shelter, food, handling and veterinary care of the dog necessitated by the enforcement of this chapter.
2. In the event that the custodian of the vicious dog is a minor, the parent or guardian in legal control of such minor at the time of the act(s) giving rise to the determination of viciousness shall be liable:
a. For all injuries and property damage sustained by any person, dog, cat or livestock, caused without reasonable provocation by said vicious dog; and
b. All violations of this chapter.
3. Notwithstanding any other provision of this chapter, any dog, whether or not already declared vicious, that kills a human being, dog, cat or livestock is in violation of this chapter and the dog shall be destroyed.
B. This chapter shall not apply to any dog used by the Police Department and trained to assist in carrying out police duties. (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007)
(Manual, Amended, 01/09/2007)