Chapter 6.15
DANGEROUS DOGS
Sections:
6.15.020 Procedure for declaring a dog dangerous.
6.15.030 Notification of dangerous dog declaration.
6.15.040 Hearing on dangerous dog declaration.
6.15.050 Appeal from dangerous dog declaration.
6.15.060 Penalties and impoundment.
6.15.070 Immediate impoundment.
6.15.100 Appeal from order of humane destruction.
6.15.120 Continuation of dangerous dog declaration.
6.15.010 Definitions.
When used in this chapter, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Animal warden” means any person employed or appointed by the town who is authorized to investigate and enforce violations relating to animal control or cruelty under the provisions of this chapter.
“At large” means that a dog is not under the direct control of the owner.
“Dangerous dog” means any dog 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” includes any dog that according to the records of either the animal warden for the town of Highland, the Lake County animal control, or any law enforcement agency:
(A) 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, sidewalk, 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;
(B) Has severely injured or killed a domestic animal while off the dog owner’s property; or
(C) Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
“Direct control” means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, 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, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.
“Impoundment” means the taking or picking up and confining of an animal by any police officer, animal warden or any other public officer under the provisions of this chapter.
“Muzzle” means 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” means 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 18, that person’s parent or legal guardian. An animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.
“Sanitary condition” means a condition of good order and cleanliness to minimize the possibility of disease transmission.
“Under restraint” means that an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person’s commands, or securely enclosed within the real property limits of the owner’s premises. [Ord. 1509 § 1, 2012. Code 2000 § 92.30].
6.15.020 Procedure for declaring a dog dangerous.
(A) Any adult person may request under oath that a dog be classified as dangerous as defined in HMC 6.15.010 by submitting a sworn, written complaint on an approved form to the town of Highland animal warden. Upon receipt of such complaint, the animal warden shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.
(B) At the conclusion of an investigation, the animal warden may:
(1) Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or
(2) Determine that the dog is dangerous and retain custody of the dog until notice is provided to its owner. [Ord. 1509 § 1, 2012. Code 2000 § 92.31].
6.15.030 Notification of dangerous dog declaration.
(A) Within five business days after declaring a dog dangerous, the animal warden shall notify the owner by certified mail or personal service of the dog’s designation as a dangerous dog and the right to a hearing, as set forth in HMC 6.15.040. The animal warden also shall notify the Highland police department of the designation of any dog as a dangerous dog. Such notification shall describe the dog and dog owner.
(B) The notice shall inform the dog owner that he may request, in writing within five business days after delivery of the dangerous dog declaration notice, a hearing before the metropolitan board of police commissioners for the town of Highland to contest the animal warden’s finding and designation.
(C) If the animal warden cannot with due diligence locate the owner of a dog that has been seized pursuant to this chapter, the animal warden shall cause the dog to be impounded for not less than five business days. If after five days, the owner fails to claim the dog, the animal warden may cause the dog to be humanely destroyed. [Ord. 1509 § 1, 2012. Code 2000 § 92.32].
6.15.040 Hearing on dangerous dog declaration.
(A) The metropolitan board of police commissioners for the town of Highland shall hold a hearing within 15 business days after receiving the dog owner’s written request for such a hearing. The metropolitan board of police commissioners shall provide notice of the date, time and location of the hearing to the dog owner by certified mail and to the complainant by regular mail.
(B) At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog’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 of the dog;
(4) Observable behavior of the dog;
(5) Site and circumstances of the incident; and
(6) Statements from interested parties.
(C) A determination at a hearing that the dog is in fact a dangerous dog as defined in HMC 6.15.010 shall subject the dog and its owner to the provisions of this chapter.
(D) Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this chapter. [Ord. 1509 § 1, 2012. Code 2000 § 92.33].
6.15.050 Appeal from dangerous dog declaration.
If the metropolitan board of police commissioners for the town of Highland determines that a dog is dangerous at the conclusion of a hearing conducted under HMC 6.15.040, that decision shall be final unless the dog owner appeals to a court of competent jurisdiction for any remedies that may be available within 10 days after receiving notice that the dog has been finally declared dangerous. The appeal must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the metropolitan board of police commissioner’s determination of dangerousness. [Ord. 1509 § 1, 2012. Code 2000 § 92.34].
6.15.060 Penalties and impoundment.
Any person found guilty of owning or housing a dangerous dog as described in this chapter shall have his or her permit or license to own, keep or to have custody of animals automatically revoked and no new permit or license shall be issued for a period of two years and only after hearing and approval by the metropolitan board of police commissioners for the town of Highland upon a determination that such person is not disposed to a repetition of such violations of this chapter. [Ord. 1509 § 1, 2012. Code 2000 § 92.35].
6.15.070 Immediate impoundment.
(A) A dog declared to be dangerous shall be immediately impounded without a preimpoundment hearing when the animal warden or his designee determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered when the dog bites a person or domestic animal.
(B) The owner or custodian of the dog immediately impounded pursuant to subsection (A) of this section shall be notified of the impoundment by certified mail or personal service within five business days after the dog’s impoundment.
(C) The notice of impoundment shall inform the owner or custodian of the dog that he may request, in writing, within five business days after the mailing of the notice of impoundment, a hearing before the metropolitan board of police commissioners for the town of Highland to contest the impoundment.
(D) Upon request by the owner or custodian of the dog for a hearing under subsection (C) of this section, a hearing shall be held within 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 owner requesting the hearing. [Ord. 1509 § 1, 2012. Code 2000 § 92.36].
6.15.080 Impoundment hearing.
(A) If after a hearing on impoundment, the metropolitan board of police commissioners finds no violation of HMC 6.15.060, or that the dog has not bitten an individual, the dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.
(B) Incident to the findings and conclusions made at the impoundment hearing, the animal warden or his designee may impose reasonable restrictions and conditions for the maintenance of the dog 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 in which to house the dog;
(3) Requirements as to type and method of restraint and/or muzzling of the dog;
(4) Photo identification or permanent marking of the dog for purposes of identification; and
(5) Payment of reasonable fees to recover the costs incurred by the animal warden in ensuring compliance with this chapter. [Ord. 1509 § 1, 2012. Code 2000 § 92.37].
6.15.090 Destruction.
(A) The animal warden or his designee may order the destruction of a dog that it determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual or another domestic animal, or a dog declared dangerous whose owner is unable or unwilling to provide it with a new home outside town limits.
(B) The animal warden or his designee shall give written notice by certified mail or personal service of his intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within 10 business days after delivery of such notice, a hearing before the board of metropolitan police commissioners for the town of Highland to contest the intended destruction.
(C) If no hearing is requested pursuant to subsection (B) of this section, the dog shall be destroyed pursuant to applicable provisions of law.
(D) If a hearing is requested pursuant to subsection (B) of this section, such hearing shall be held within 10 business days after the request, and the dog shall not be destroyed prior to the conclusion of the hearing.
(E) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the animal warden to humanely and safely keep the animal during any legal proceeding. [Ord. 1509 § 1, 2012. Code 2000 § 92.38].
6.15.100 Appeal from order of humane destruction.
If the metropolitan board of police commissioners for the town of Highland orders a dangerous dog to be humanely destroyed pursuant to HMC 6.15.090, that decision shall be final unless the dog owner appeals to a court of competent jurisdiction for any remedies that may be available within 10 days after receiving notice of the destruction order. If an appeal is timely filed, the animal warden shall suspend the destruction order pending the final determination of the court. The appeal hearing must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the metropolitan board of police commissioner’s destruction order. [Ord. 1509 § 1, 2012. Code 2000 § 92.39].
6.15.110 Change of ownership.
(A) Any owner of a dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within 10 business days after such change of ownership or residence, provide written notification to the animal warden of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog’s classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the animal warden along with written acknowledgment by the new owner of his receipt of such notification. The animal warden or his designee shall notify the Highland police department of any changes of ownership, custody or residence of the dog within three business days after receiving the required information from the previous dog owner.
(B) Any owner of a dangerous dog shall not sell or otherwise transfer ownership, custody or residence of the dog to any other resident of the town of Highland. [Ord. 1509 § 1, 2012. Code 2000 § 92.40].
6.15.120 Continuation of dangerous dog declaration.
No dog that has been declared dangerous by any agency or department of the town, another municipality, county, or state shall be allowed to reside within the limits of the town of Highland. A person found in possession of or owning any dog designated as a dangerous dog by any municipality, county, or state government shall be subject to this chapter and the penalties established in HMC 6.15.060. [Ord. 1509 § 1, 2012. Code 2000 § 92.41].