<div class="chunk-title">Sec. 6-133. - Confinement, restraint, and penalties of dangerous and potentially dangerous dogs.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               <span class="ital">Dangerous dog requirements</span>. The owner of a dangerous dog that is required to be confined pursuant to <a href="" data-chunk-id="COOR_CH6AN_ARTVIDAPODADO_S6-131DEDAPODADO" class="section-link" data-product-id="13891">section 6-131</a>(1)b may redeem the dog upon complying with the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The owner of a dog which has been declared a level 2 dangerous dog must file a written
               notice of intent to comply with the enclosure requirements outlined below with the
               animal services division within three business days of receipt of the dangerous dog
               determination letter. If the owner fails to file a written notice, the dog shall become
               the property of the county and shall be euthanized in accordance with this chapter.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Before redemption, a dangerous dog must be fitted with microchip identification, at
               the owner's expense.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The owner must pay all outstanding fines and fees owed to the animal services division.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               From the initial notice from the animal services division, the owner has 21 calendar
               days to erect the secure enclosure. If the owner appeals the determination in accordance
               with this chapter to the dangerous dog appellate board or superior court, and the
               decision is upheld, the owner has 21 calendar days to erect the secure enclosure from
               the date of the decision. The secure enclosure must conform to all of the following:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The structure must be a minimum size of 15 feet by six feet by six feet with a concrete
               pad at least two inches thick. If more than one dog is to be kept in the enclosure,
               the floor area must provide at least 45 square feet for each dog. The walls and roof
               of the structure must be constructed of welded chain link, of a minimum thickness
               of 12-gauge, supported by galvanized steel poles at least two and one-half inches
               in diameter. The vertical support poles must be sunk in concrete-filled holes at least
               18 inches deep and at least eight inches in diameter. The chain link fencing must
               be anchored to the concrete pad with galvanized steel anchors at intervals of no more
               than 12 inches along the perimeter of the pad. The entire structure must be freestanding
               and not attached or anchored to any existing fence, building, or structure. The structure
               must be secured by a pad lock.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A warning sign of at least 120 square inches must be visible from each side of the
               structure and visible to any adjoining property.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The secure enclosure must be inspected and approved by the director of emergency services.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               The owner of the dog is responsible for ensuring that the enclosure is maintained
               in such a condition to continually meet the requirements of the article. Failure to
               maintain or repair the enclosure shall subject the owner to penalties under this chapter.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Prior to inspection of the enclosure by the director of emergency services, the dog
               shall not be returned to the owner's property until the shelter and warning signs
               have been approved. While the structure is being erected, the dog must be boarded
               at the county animal shelter at the owner's expense.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               At the owner's expense, the owner of a dangerous dog shall procure and maintain liability
               insurance in the amount of at least $100,000.00.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Maintenance of a dangerous dog</span>. The owner of a dangerous dog that is required to be confined pursuant to <a href="" data-chunk-id="COOR_CH6AN_ARTVIDAPODADO_S6-131DEDAPODADO" class="section-link" data-product-id="13891">section 6-131</a>(1)b must comply with the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               A dangerous dog shall not be permitted out of the enclosure unless the dog is under
               physical restraint by a competent person who by means of a leash, chain or tether
               no longer than six feet has the dog firmly under control at all times. Voice command
               and electronic collars are not recognized as adequate restraints. A dangerous dog
               must be muzzled when not on the owner's real property.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               If the owner can provide detailed written instructions from a licensed veterinarian
               that the dog must remain out of the secure enclosure for a specified amount of time
               due to sickness or injury, then the dog shall immediately be housed at a veterinarian
               clinic until it is medically cleared, at which time the dog shall immediately be returned
               to the secure enclosure. Written instructions from a licensed veterinarian must be
               updated at least every 30 days by a licensed veterinarian and provided to the animal
               services division by the owner.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               In addition to criminal penalties provided by state law and civil penalties set forth
               in section <a href="" data-chunk-id="COOR_CH6AN_ARTIINGE_S6-10SAPE" class="section-link" data-product-id="13891">6-10</a>, any person who violates the requirements set forth in <a href="" data-chunk-id="COOR_CH6AN_ARTVIDAPODADO_S6-133COREPEDAPODADO" class="section-link" data-product-id="13891">sections 6-133</a>(a) and (b) shall be subject to the following sanctions and remedies:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               If a dangerous dog is found at large, it shall be seized and impounded. An animal
               control officer is authorized to go upon private property to seize the dangerous dog.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The animal services division shall have the right to inspect the enclosure at any
               time. If an inspection of the enclosure reveals that the owner has not complied with
               the requirements for confining and/or restraining the dog, an animal control officer
               may issue a civil penalty and may impound the dog.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               If the dog is not redeemed within three business days of the impoundment pursuant
               to this section or if the owner does not request an appeal within the time limit provided
               in <a href="" data-chunk-id="COOR_CH6AN_ARTIINGE_S6-12APPR" class="section-link" data-product-id="13891">section 6-12</a>, the dog shall become the property of the county and shall be disposed of in accordance
               with this chapter.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               If a person is knowingly harboring a dog designated as dangerous by a different county
               or jurisdiction without appropriately confining the dog as set out in <a href="" data-chunk-id="COOR_CH6AN_ARTVIDAPODADO_S6-133COREPEDAPODADO" class="section-link" data-product-id="13891">section 6-133</a>(a), animal control officers shall seize the dog and issue a civil penalty.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Upon a second violation of this section, the dog will be impounded immediately and
               will become the property of the county and will be disposed of in accordance with
               this chapter.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Potentially dangerous dog</span>. The owner of any potentially dangerous dog may redeem their dog upon complying with
               the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               At the owner's expense and before redemption, a potentially dangerous dog must be
               fitted with microchip identification.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The owner must pay all outstanding fines and fees due to the animal services division.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The owner must keep the dog under restraint at all times. Restraint under this section
               includes:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Controlled by means of a chain or other approved tether no longer than 20 feet or
               a leash no longer than six feet. Voice command and electronic collars are not recognized
               as adequate restraints.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Within a vehicle being driven or parked, and secured in such manner as to prevent
               the animal from escaping or causing injury to persons approaching or passing the vehicle.
               An animal is not under restraint if it is in the back of an open-bed pickup.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Within a fenced enclosure adequate to secure the dog so as to prevent it from escaping
               from the owner's real property.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Not permitting the dog to go beyond the owner's real property unless the dog is leashed
               and muzzled.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Private action</span>. Nothing in this article shall prevent a private citizen from bringing an action
               against the owner of a dog which has caused injury to the private citizen or his property
               for damages or any other loss resulting from the dog's conduct being dangerous.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Penalties</span>. Any person who violates a provision of this article is subject to the penalties
               listed in <a href="" data-chunk-id="COOR_CH6AN_ARTIINGE_S6-10SAPE" class="section-link" data-product-id="13891">section 6-10</a>.
               </p>
            		
            <p class="historynote0">
               (Ord. of 8-17-2009; Ord. No. 2014-04, 6-16-2014; Ord. No. 2023-02, 3-6-2023)
               </p></div>