§ 2.7-23. Potentially dangerous animals restricted.

(a)

A law enforcement officer shall have the authority to declare and restrict a potentially dangerous animal if the law enforcement officer has probable cause to believe that the animal is potentially dangerous. 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 potentially dangerous;

(2)

Bite reports filed with law enforcement or health officials;

(3)

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

(4)

Other substantial evidence.

(b)

Potentially dangerous animals, while on the animal owner's property, shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall be constructed in accordance with the U.S. Department of Agriculture standards, and must be a cage, fence, walled enclosure, building, or any other structure that is of sound construction and shall also provide room for adequate exercise and protection from the elements for the animal. The animal owner shall display signs warning of the dangerous animal along with a symbol for same easily seen by children. The signs displayed shall be easily seen from the public roadway.

(c)

Potentially dangerous animals, while not in a secure enclosure on the animal owner's property, must be securely leashed with a leash no longer than four (4) feet in length and under the physical control of a person eighteen (18) years of age or older. When on public property, the animal shall be muzzled in a way that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(d)

Potentially dangerous animals must be sterilized and microchipped at the owner's expense at the time the animal has been determined to be potentially dangerous.

(e)

No person may tie or otherwise tether a potentially dangerous animal to any inanimate object, such as trees, posts, mailboxes, or vending machines.

(f)

The County Judge or the County Sheriff may require the owner of the potentially dangerous animal and the animal owner to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. The Judge or Sheriff shall pre-approve any choice of class by the animal owner, and proof of satisfactory completion of such training shall be provided to the Judge or Sheriff, even if such type of training has been completed by the animal in the past.

(g)

The owner of a potentially dangerous animal shall immediately notify law enforcement if the animal is loose, unconfined, bites or attacks a person, has been moved to a different address or dies; whereupon the owner must provide proof of death. The potentially dangerous animal may not be sold or given away.

(h)

Failure to comply with all restrictions of this section will result in forfeiture of ownership of the animal to the County.

(i)

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 "potentially dangerous" 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; Ord. No. 2016-75, Art. 1, 10-20-16)