§ 10.37.130. Consequences of Potentially Dangerous Dog Determination.

The following conditions apply to a dog determined to be potentially dangerous:

A.

The dog must be properly licensed, microchipped, and vaccinated at the owner or custodian's expense before it is released to the dog's owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog is licensed, microchipped, and vaccinated within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian. The Department may include the designation in the registration records of the dog after the court or the hearing officer has determined that the designation applies to the dog.

B.

The dog, while on the owner or custodian's property, must be kept indoors or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot enter. The Department must inspect and give written approval of the yard or enclosure before the dog is released to its owner or custodian. If the dog was not impounded, the Department must inspect and give written approval of the yard or enclosure within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

C.

The dog may be off the owner or custodian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner or custodian's premises.

D.

The owner or custodian of the dog must notify the Department immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock. If the dog no longer resides with the owner or custodian, or the dog is transferred to another person(s), the owner or custodian must advise the Department of the dog's new location in writing under penalty of perjury, and provide a copy of the administrative decision or court order declaring the dog to be potentially dangerous to the new owner and custodian. Each subsequent owner or custodian must provide each new owner and custodian with a copy of the administrative decision or court order during the effective period of the decision or court order. Likewise, if the dog is moved to another jurisdiction, the owner or custodian is required to provide the animal control authorities in the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order.

E.

The owner or custodian of the dog must complete an obedience course for a minimum of ten hours of training with the dog, at the owner or custodian's expense within 60 calendar days after release of the dog to the owner or custodian. The course must be approved by the Department before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain approval of the course by the Department within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

F.

The dog must be spayed or neutered at the expense of the owner or custodian before the release of the dog to its owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog has been spayed or neutered within 30 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

G.

The owner or custodian of the dog may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of $300,000 per occurrence. If required to maintain insurance, the owner or custodian must show proof of insurance within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

H.

All charges for services performed by the Department and all fines must be paid before the release of the dog to its owner or custodian or within 14 calendar days after the services are performed or the charges and fines are ordered to be paid. If the owner or custodian does not take possession of the dog and pay the charges and fines within 14 calendar days after the services are performed or the fines are ordered to be paid, the dog will be deemed abandoned and may be disposed of by the Department.

I.

If the determination that a dog is potentially dangerous under Section 10.37.020 is made after a court hearing, the judicial officer must impose a fine on the owner and/or custodian of up to $500 for each separate basis upon which the determination was made. The fine will be paid to the Department to defray the costs of the implementation of this chapter.

J.

A judicial officer or administrative hearing officer may impose other reasonable conditions that are necessary to protect the public safety and welfare.

(Ord. 2016-0040 § 200, 2016: Ord. 2013-0033 § 9, 2013: Ord. 2011-0038 § 6, 2011: Ord. 2001-0042 § 2 (part), 2001.)