04-21-2025 - Agenda Packet Planning Commission - Packet

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judge, the city shall, within 45 days of the decision, mail an invoice to the animal’s owner for the full actual costs of the hearing above and beyond the appeal fee required in § 12.105, including reimbursement for staff time spent preparing for and attending the hearing, up to a maximum amount as set forth in City Code Appendix A. In the event that the potentially dangerous or dangerous animal determination is not upheld by the administrative law judge, the appeal fee as set forth in City Code Appendix A shall not be returned to the owner . However, no other costs will be paid by the owner . (g) Dangerous animals requirements. Upon a determination after a hearing that the animal is dangerous under this section of this code or state law, or upon the expiration of the 14-day appeal period where no owner serves upon the city animal control authority a timely and completed request for appeal of the dangerous animal designation, or upon the relocation of an animal to this city from another location where the animal was previously declared dangerous under either state law or a local law substantially similar to this section of this code, it shall be the joint responsibility of each owner of the dangerous animal kept or harbored within the city to strictly comply with the following requirements: (1) Keep the animal in a proper enclosure as defined in § 12.91 of this code and state law or, if the animal is outside the proper enclosure , the animal must be muzzled and restrained by a substantial chain or leash not longer than six feet and under the physical restraint of a responsible person . The muzzle must be made in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration. The premises where the animal is kept must prominently post the uniform dangerous animal symbol, to inform children that there is a dangerous animal on the property, which has been approved by the State Commissioner of Public Safety and provided by the city at the time of initial registration upon payment by the owner of a fee to cover both the costs of the symbol and the costs of issuance; (2) Register the animal as a dangerous animal with the city in accordance with state law, paying the fees set forth in City Code Appendix A and providing such proof of compliance with the requirements of this section as required by the issuing authority , along with a surety bond issued by a surety company authorized to conduct business in the state in a form acceptable to the issuing authority in the sum of at least $300,000 payable to any person injured by the dangerous animal , or a policy of liability insurance issued by an insurance company authorized to conduct business in the state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous animal and renew the registration of the animal annually until the animal is deceased. If the animal is removed from the city, it must be registered as a dangerous animal in its new location; (3) Cause the animal to be implanted with a microchip for identification and provide the city animal control authority with proof thereof including, the name of the microchip manufacturer and the serial identification number of the microchip implanted within 14 days of the date the animal was determined to be dangerous, or within ten days of the animal’s relocation into the city. Failure to do so, requires the city animal control authority to seize the animal and have a microchip implanted at the owner’s expense; (4) Maintain affixed to the animal’s collar at all times a standardized, easily identifiable tag identifying the animal as dangerous and containing the uniform dangerous animal symbol, as approved by the state’s Commissioner of Public Safety; (5) Cause the animal to be sterilized at the owner’s expense and provide the city animal control authority with proof thereof, including the name, address and telephone number of the veterinarian who performed the procedure, within 30 days of the date the animal was determined to be dangerous or upon failure to do so, allow the city animal control authority to seize the animal and have it sterilized at the owner’s expense; (6) Provide the city animal control authority with written notice of the death of the animal within 30 days thereof and if requested execute an affidavit under oath setting forth the circumstances of the animal’s death and disposition; (7) Provide the city animal control authority with written notice of any intended relocation of the animal from its current residence on record and provide any new owner’s full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership; (8) Accompany the sale or transfer of the animal to another owner with a written statement signed and notarized by the transferee listing his or her full name, address, daytime and evening telephone numbers and acknowledging that the city animal control authority has identified the animal as dangerous and provide a copy thereof to the city animal control authority and also to the county; (9) Provide the owner of real property where the dangerous animal will reside with a written disclosure that the city animal control authority has identified the animal as dangerous prior to entering into a lease agreement and at the time of any lease renewal; and (10) A shelter for dangerous dogs shall not exceed 2,000 square feet and shall securely confine dogs indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and providing protection from the elements. A proper shelter does not include a porch, patio or any part of a house, garage or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows or doors are open or in which a door or window screen is not a sufficient obstacle that prevents the dog from exiting. (h) Confiscation of dangerous animals. Failure to strictly comply with any of these requirements will result in the summary seizure and impoundment of the animal by the city animal control authority . In addition, if the animal’s owner is convicted of violating this section of this code or state laws regulating dangerous animals, the criminal court as a part of its sentence may order that the animal be confiscated and euthanized in a proper and humane manner and that the owner pay the costs incurred in confiscating, confining and destroying the animal. Where an owner is convicted of violating this section of this code or state laws regulating dangerous animals and is thereafter charged with a subsequent such violation relating to the 164