<div class="chunk-title">Sec. 6-120. - Dogs declared vicious.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               No dog declared vicious may be offered for sale, given away, traded or placed for
               adoption. The owner of a dog so designated shall notify the sheriff, in writing, within
               two working days of any change in residence of the owner and dog, giving the correct
               new address and physical location of same. Owner of a dog so declared will retain
               possession of the dog until the dog dies, is destroyed or surrendered to sheriff for
               disposal. When the dog dies or is destroyed, the owner will immediately notify the
               sheriff of the death of the animal so that proper identification can be made by reading
               of the tattoo or electronic implant.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               The declaration of vicious will carry with it certain and specific conditions not
               necessarily the same as those restrictions of dogs declared dangerous or potentially
               dangerous.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               A dog determined to be a vicious dog may be destroyed by the sheriff when it is found,
               after proceedings conducted to determine same, that the release of the dog would create
               a significant threat to the public health, safety and welfare. If it is determined
               by the appellate board that a dog found to be vicious shall not be destroyed, the
               judicial authority shall impose conditions upon the ownership of the dog that protect
               the health, safety and welfare of the public.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               The owner of a dog declared vicious may be prohibited from owning, possessing, controlling,
               or having custody of any dog for a period of up to three years if found, after proceedings
               that ownership or possessing of a dog by that person would create a significant threat
               to the public health, safety and welfare.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               If it is determined that a dog so declared as vicious shall not be destroyed, the
               judicial authority may impose additional conditions to protect the public health,
               safety and welfare; such as, but not limited to:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Mandated housing in a secure enclosure. A secure enclosure is:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               <span class="ital">Outdoors.</span>
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               The primary enclosure for said dog will be set inside a protective fence, at least
               four feet, but no more than six feet from the primary enclosure, the fence and gate
               will be constructed of nine-gauge chain link, at least six feet in height, with a
               padlocked gate. The gate must be securely closed, even when the owner is inside the
               primary enclosure to effect care/cleaning.
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               The primary enclosure will be constructed of nine-gauge chain link, at least six feet
               in height and a minimum of ten feet by ten feet square, with a concrete floor anchored
               to the fencing. Anchoring may be accomplished either by burying the fence or by installing
               anchors to the bottom rail of the fence so as to preclude the escape of the dog. The
               top area of the pen will be totally enclosed, including the protective fence, with
               chain link of a minimum gauge of 11.5, so anchored to the side walls of the pen/protective
               fence to preclude the escape of the animal by climbing. All support uprights, top
               and bottom rails and all hardware needed to erect pen and perimeter fence to be of
               such grade as to properly support weight of said fencing. The gate to the primary
               enclosure will be padlocked and must be securely closed, even when the owner is inside
               the pen to effect cleaning of the pen and care of the dog.
               </p>
            		
            <p class="incr3">
               3.
               </p>
            		
            <p class="content4">
               A dog house, sufficiently sized to accommodate the dog will be available at all times
               to the dog to protect it from the elements of nature. Said shelter will be kept in
               good repair and kept in a clean manner.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               <span class="ital">Indoors.</span> If the dog is housed in a residence all or part of the time, the residence windows
               and doors will be secured so as to prevent the dog's escape.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               <span class="ital">Inside other building/structure.</span> If the dog is housed in an outbuilding, garage, storage shed, or other structure
               the building will be so secured as to prevent the dog's escape. Ventilation will be
               provided by manner of windows or other openings to provide adequate air exchange to
               prevent the overheating of said outbuilding, said openings to be secured so as to
               prevent the dog's escape.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               The vicious dog is not permitted to be unconfined on the owner's property without
               a muzzle, regardless of whether in the presence of the owner or others. The muzzle
               will be properly fitted so as not to restrict the breathing or vision of the dog and
               not to cause harm by abrading or cutting into the skin. Tethering is not permitted
               for dogs declared vicious.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               When off the property, in the accompaniment of the owner or other responsible adult,
               the dog will be secured by a leash no longer than four feet. The leash will be attached
               to a collar or harness. Both leash and collar or harness must be manufactured specifically
               for the control of dogs. Said dog will be muzzled at all times.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               Adequate food will be provided at least one time in every 24 hours, at all times fresh
               potable water will be available in a container so placed as to prevent spillage or
               being soiled by excrement/urine or debris in a location available to the dog.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               A surety bond or a policy of liability insurance issued by a surety company or insurance
               company authorized to conduct business in this state in a form acceptable to the county
               in the sum of $500,000.00, payable to any persons injured by said dog, insuring the
               owner for any personal injuries inflicted by the dog will be carried by the owner
               of the dog and will remain in effect until cancellation of said bond or insurance
               is authorized by county authority upon satisfactory proof being offered as to the
               death of the dog.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               Posting of the property and perimeter fencing will be in such a manner as to warn
               any and all persons, including children, of the presence of a vicious dog. Said signs
               will be placed in such a manner as to be visible from the common entrance(s) to the
               property, specifically the driveway, but not limited to that point. Said signs must
               be visible from all property lines on the property, and must be specifically placed
               on all sides of the perimeter fence.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               Surgical spaying or neutering will be required on any dog declared vicious. Such altering
               will be performed by any veterinarian licensed to practice in the state. Said surgery
               will be performed within seven days of declaration and before the owner is permitted
               to reclaim the animal. All fees will be paid in full by the owner to the satisfaction
               of the veterinarian prior to release.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               Permanent identification of the dog will be by tattoo inside the thigh, or by electronic
               implant; cost of said tattoo/implant will be paid by the owner of the dog. The owner
               is required to allow and assist sheriff in viewing the tattoo or reading the implant
               at such times as deemed reasonable, or at such time the identification of the dog
               is in question, either by sheriff or by a complaint filed by any third-party and upon
               declaration by the owner of the death of said animal.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               Behavioral evaluation of said dog may be required by the appellate board to be performed
               by a person recognized in the field of animal behavior and the findings of said evaluation
               will be made a permanent record in the owner/dogs file. Cost of such evaluation will
               be borne by the owner of the dog and paid to the satisfaction of the individual performing
               the evaluation regardless of the outcome of any hearing or appeal.
               </p>
            		
            <p class="incr0">
               (n)
               </p>
            		
            <p class="content1">
               All restrictions regarding the containment, identification and behavioral evaluation
               of a dog declared as vicious must be completed to the satisfaction of the sheriff
               before the dog will be released to the custody of the owner.
               </p>
            		
            <p class="incr0">
               (o)
               </p>
            		
            <p class="content1">
               Any fees incurred for boarding or maintaining said dog while in the custody of the
               animal shelter, veterinarian clinic or other boarding facility will be paid by the
               owner prior to the dog's release regardless of the findings of the appellate board
               or appellate review.
               </p>
            		
            <p class="incr0">
               (p)
               </p>
            		
            <p class="content1">
               A prorated permit fee of $500.00 will be paid yearly to the sheriff by the owner of
               the dog so declared vicious. Fee will then be paid at the beginning of each fiscal
               year and will be retained by the sheriff and not forfeited at the end of any fiscal
               year. Fees are for maintenance of records, inspections and any other such duties as
               may be required to oversee the specific dog in question. This fee is in addition to
               any surety bond or insurance required to be carried by the owner.
               </p>
            		
            <p class="historynote0">
               (Ord. of 8-20-2007; Ord. of 8-19-2019)
               </p></div>