§ 2.7-22. Hazardous animals restricted.

(a)

A law enforcement officer shall have the authority to declare and restrict a hazardous animal if the law enforcement officer has probably cause to believe that the animal is hazardous. The declaration must be based upon:

(1)

The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of hazardous;

(2)

Actions of the animal witnessed by any law enforcement officer or health official; or

(3)

Other substantial evidence.

(b)

A hazardous animal shall be, from and after their declaration as such by a law enforcement officer, restricted to its owner's property. The owner shall be responsible for determining how to restrict the animal, so long as the restriction is humane and provides for adequate exercise and protection from the elements of the animal. The hazardous animal must not be tied or tethered to an inanimate object.

(c)

Hazardous animals must also be microchipped at the owner's expense at the time that the animal has been determined to be hazardous.

(d)

Failure to comply with the provisions of this subsection shall result in the animal being deemed "potentially dangerous" as provided for in this code, with the applicable restrictions and requirements then being enforced against said animal.

(e)

An animal owner shall have fourteen (14) calendar days from receipt of a written declaration from a law enforcement officer finding the owner's animal to be "hazardous" to file a written appeal to the County Court, with further appeal to Circuit Court, as provided by law.

(Ord. No. 2016-22, Art. 1, 4-25-16)