[CC 1979 §73.200(1); Ord. No. 2427 §1, 9-16-1997; Ord. No. 2862 §1(73.200(1)), 6-17-2003]
A.
Dangerous Dog. Any dog or animal or cross or wolf with the
following characteristics shall be considered a dangerous animal:
1.
Any
dog or animal or cross or wolf which has inflicted a severe or fatal
injury on a human being on public or private property. "Severe
injury" means any physical injury, resulting directly from
a bite, which results in a broken bone, laceration or inpatient hospitalization.
The victim receiving severe injuries, as defined above, must provide
the Animal Control Officer a signed physician's statement documenting
the injury and treatment qualifying such as a severe injury or sign
an authorization for release of such statement.
2.
Any
dog or animal or cross or wolf which has killed a domestic animal,
livestock or poultry, while off the owner's property.
3.
Any
dog or animal or cross or wolf owned or harbored primarily or in part
for the purpose of fighting or trained for fighting.
4.
Any
dog or animal or cross or wolf which has bitten a human being on public
or private property other than the property of the owner.
5.
Any
dog or animal or cross or wolf which, while on the owner's property,
has bitten a human being other than the owner or a member of the owner's
family who normally resides at the place where the animal is kept.
6.
Any
dog or animal or cross or wolf which chases or approaches a person
upon the streets, sidewalks or any public grounds or private property
other than that property of the owner in a menacing fashion or apparent
attitudes of attack, regardless of whether or not a person is injured
by said animal.
7.
Any
dog or animal or cross or wolf with a known propensity, tendency or
disposition to attack, to cause injury, or to otherwise threaten the
safety of human beings or domestic animals.
8.
Any
dog or animal or cross or wolf which habitually snaps at or bites
or manifests a disposition to bite or attack persons, animals or pets.
9.
Any
pit bull dog.
B.
Right To Appeal. If the circumstances surrounding the classification
of an animal as a dangerous dog under any of the definitions listed
above are in dispute, then the owner has the option of submitting,
within five (5) working days, a written request to the Chief of Police
for a hearing and possible appeal.
C.
Hearing Board — Member — Time. A Hearing Board
consisting of the City Administrator, the Animal Control Officer,
a qualified veterinarian and the Chief of Police or their delegates
shall be convened within ten (10) working days after receipt of a
bona fide written request.
D.
Confinement Pending Appeal. Pending the outcome of such
a hearing, the dangerous dog must be confined in such a manner so
as not to be a threat to any person. The confinement may be on the
owner's premises or at the City kennel.
E.
Determination. The Hearing Board shall determine whether
to declare the animal to be a "dangerous dog" based upon evidence
and testimony presented at the time of the hearing by the owner in
addition to witnesses, animal control personnel, Police or any other
person possessing information pertinent to such determination.
[CC 1979 §73.200(2); Ord. No. 2427 §1, 9-16-1997; Ord. No. 2862 §1(73.200(2)), 6-17-2003]
A.
Trespasser — Tormentors. With the exception of Section 205.170(A)(1), no animal may be declared a dangerous dog if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal or was teasing, tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.
B.
Law Enforcement. Dogs owned by governmental or law enforcement
agencies when being used in the services of those agencies are exempt.
[CC 1979 §73.200(3); Ord. No. 2427 §1, 9-16-1997; Ord. No. 2862 §1(73.200(3)), 6-17-2003; Ord. No. 3144 §1, 5-15-2007]
A.
No person
shall, within the City limits, own, keep, harbor or allow to be in
or upon his/her premises any dangerous dog unless such dangerous dog
is securely confined upon such premises and readily identifiable as
set forth herein. The following actions shall be required of owners
of dangerous dogs:
1.
Securely confined. While on the owner's property, a dangerous
dog must be securely confined indoors or in a securely enclosed and
locked structure suitable to prevent the entry of young children and
designed to prevent the animal from escaping, such kennel, pen or
structure must have minimum dimensions of five (5) feet by ten (10)
feet and must have secure sides and a secure top. If it has no bottom
secured to the sides, the sides must be embedded into the ground no
less than eighteen (18) inches. The enclosure must also provide protection
from the elements for the dangerous dog. The enclosure, when occupied
by a dangerous dog, shall not be occupied by any other animal. If
the dangerous dog is a female with a litter of puppies under three
(3) months of age, the puppies may occupy the same enclosure as the
mother until the pups reach three (3) months of age.
2.
Prohibited confinement. No dangerous dog may be kept on
a porch, patio or in any part of a house or structure that would allow
the dangerous dog to exit such building on its own volition. In addition,
no such animal may be kept in a house or structure when the windows
are open or when screen windows or screen doors are the only obstacle
preventing the dangerous dog from exiting the structure.
3.
Leash, identification and muzzle requirement. No person
shall permit a dangerous dog to go outside its kennel, pen or secure
structure unless that person has the dangerous dog securely leashed
on a leash no longer than four (4) feet in length and that person
has physical control of the leash. Such dangerous dogs shall not be
leashed to inanimate objects such as trees, posts, buildings, etc.
Additionally, all such dangerous dogs on a leash outside the animal's
kennel, pen or a secure structure must be muzzled by a muzzling device
sufficient to prevent the dangerous dog from biting persons or other
animals. Additionally, the City shall cause, and each owner of a dangerous
animal shall bear the cost of implantation of an electronic identification
chip into the subject animal for identification purposes.
4.
Notice to others. The owner or keeper of the dangerous dog
shall display a sign on his/her premises that there is a dangerous
dog on the property. This sign shall be visible and capable of being
read from the public highway or thoroughfare from which the property
is entered. In addition, a similar sign is required to be posted on
the kennel or pen or fenced yard of such animal with letters at least
two (2) inches high containing the following: "Beware of Dangerous
Dog".
5.
Collar requirement. Any dangerous dog shall wear at all
times a bright orange collar with a large brightly colored metal tag
attached to the collar so the animal can readily be identified as
a dangerous dog.
6.
Photographs. All owners or keepers of dangerous dogs must,
within ten (10) days of such declaration, provide the Animal Control
Officer two (2) color photographs (one (1) showing the left profile
the other showing the right profile) of the animal.
7.
Impoundment. Any dangerous dog which bites or scratches
a human being or any animal whose behavior immediately prior to or
during an incident resulting in a human being bitten or scratched,
which is determined to be dangerous, shall be impounded for a ten
(10) day rabies quarantine at the municipal animal shelter at the
owner's expense.
8.
Dangerous dog unconfined — notice requirement. The
owner or keeper shall notify the Animal Control Officer immediately
if a dangerous dog is loose, unconfined or missing, has attacked another
animal or has attacked a human being.
9.
Death or transfer of dangerous dog. The owner or keeper
shall notify the Animal Control Officer within twenty-four (24) hours
if a dangerous dog has died or has been sold or given away. If the
dangerous dog has been sold or given away, the owner or keeper shall
provide the Animal Control Officer with the name, address and telephone
number of the new owner and the new owner, if the dangerous dog is
kept within the City limits of Sullivan, must comply with the requirements
of this Section.
10.
Spayed or neutered. All owners, keepers and harborers of
pit bull dogs within the City limits shall have pit bull dogs over
the age of six (6) months either spayed or neutered and have the ability
to provide proof and documentation to the Animal Control Officer.
Exceptions to this Section shall be commercial operations that are
licensed by the City of Sullivan engaged in the business of breeding
pit bulls for sale.
[CC 1979 §73.200(4); Ord. No. 2427 §1, 9-16-1997; Ord. No. 2862 §1(73.200(4)), 6-17-2003]
A.
Offense/Penalty. It shall be unlawful for the owner or keeper
of a dangerous dog within the City of Sullivan to fail to comply with
any of the requirements and conditions set forth in this Article.
Any person violating or failing to comply with any provision of this
Section shall be deemed guilty of an offense and upon conviction be
fined up to five hundred dollars ($500.00) or imprisonment up to six
(6) months in jail, or both fine and imprisonment.
B.
Impoundment. Any animal found to be subject to a violation
of this Article may be, in addition to other penalties provided by
Article, subject to immediate seizure and impoundment for a minimum
of ten (10) days or the time necessary for the owner or keeper to
show compliance with this Article, whichever is shorter, at the owner's
expense.
C.
Destruction Of Dangerous Dog.
1.
Upon
conviction of any person of a violation of this Section, the judge
may, in addition to the usual judgment upon conviction, order the
Animal Control Officer to forthwith take up and put to death such
dangerous dog at the owner's expense.
2.
If the
dangerous dog is responsible for an unprovoked severe or fatal attack,
the animal shall be humanly destroyed at the owner's expense.
