§ 6.05.100. Vicious dogs.

A.

Determination of Vicious Dog.

1.

In the event that the enforcement agent or law enforcement officer has probable cause to believe that a dog is vicious and may pose a threat of serious harm to human beings or other domestic animals, the enforcement agent or law enforcement officer may require the seizing and impoundment of the dog pending a hearing. The hearing will be presided over by a city magistrate. Dog owners are guaranteed due process hearings in the initial determination and in the completion of any appeal process with regard to said determination that their animal is a "vicious dog" as defined by this chapter.

2.

Written notice, in the form of a citation, informing the owner of the charged viciousness and of the hearing shall be served by the director of public safety or his designee pursuant to the rules of civil procedure. A hearing date shall be held not later than ten calendar days from the date notice was served to the owner.

3.

The due process hearing will be conducted by a city magistrate. The city magistrate will make findings of fact and conclusions of law. The city magistrate shall provide the owner with a written copy of the findings.

4.

The hearing shall be open to the public. At the hearing, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is vicious. Any owner who fails to appear after notice is given without obtaining a continuance from the city magistrate may be deemed to have waived any right to introduce evidence or object to any order made by the city magistrate. The city magistrate's decision shall be based on the preponderance of evidence.

5.

If the animal is deemed to be a vicious dog, the city magistrate will advise the owner of the decision at the hearing or send a registered letter advising the owner of such within ten days.

B.

Control of Vicious Dog. Once a dog is declared vicious, the following steps will be required to continue ownership of such an animal:

1.

Immediate Steps. Immediate steps that must be complete within one calendar day upon completion of notification of a determination of viciousness:

a.

Leash and Muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six feet in length. No person shall permit a vicious dog to be kept on a chain, rope, or other type of leash outside confinement unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all vicious dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent a dog from biting persons or other animals. Kennels or pens must meet the requirements of subsection (B)(3)a. of this section.

b.

Confinement Indoors. No vicious dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on the dog's own volition.

2.

Reporting Requirements. The following types of information must be reported by the owner of the dog to the director of public safety or his designee within ten calendar days of occurrence:

a.

Death of Dog. A written notice from a veterinarian confirming the death of the dog must be provided to the director of public safety or his designee.

b.

Yearly renewal of liability insurance.

c.

The new address of a registered vicious dog owner should the owner move within the city limits.

d.

The new address of a registered vicious dog that has been moved permanently outside the city limits.

3.

Time Schedule Steps. A time schedule for completion of the following steps is to be set by the city magistrate, but in no case will it be longer than ten calendar days from the date of the city magistrate's decision:

a.

Confinement:

(1)

All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides.

(2)

All structures used to confine vicious dogs must be locked when animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet.

(3)

The pen or kennel may not share common fencing with the area of the perimeter fence.

(4)

All structures erected to house vicious dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition and any other condition that provides for humane care.

b.

License and Registration. A declared vicious dog shall be licensed annually, as well as permanently registered as a vicious dog with the Willcox Department of Public Safety.

c.

Signs. All owners of vicious dogs within the city shall display, in a prominent place on their premises, a sign in three-inch letters, easily readable by the public, using the words "Vicious Dog." In addition, a similar sign is required to be posted on the kennel or pen of the vicious dog.

d.

Insurance. All owners of vicious dogs must obtain public liability insurance in a single incident amount of $100,000.00 for bodily injury to or death of any person or persons or for damage to property or animals owned by any persons resulting from the vicious dog. All owners must provide proof of insurance and effective dates to the director or his designee. Cancellation of liability insurance by the dog's owner is allowed only in the event that the dog dies. The owner of a dog must notify the director or his designee within ten days if insurance coverage is cancelled by the insurance carrier and provide proof that substitute insurance coverage has been obtained.

e.

Failure to Comply. The purpose of complying with these guidelines for a dog declared vicious is to prevent attacks, injuries, or deaths by mandating the use of control methods. Owners have the opportunity to keep their dogs if this section is complied with.

C.

Responsibility of Owner; Violations.

1.

An owner whose dog fits the definition of a vicious dog in subsection (A) of this section must comply with this section, register the dog with the director of public safety or his designee, confine and control the dog in accordance with subsection (B) of this section, and post warning signs.

2.

It shall be unlawful for the owner of a vicious dog registered in the city to fail to comply with the requirements and conditions set forth in this section. Any dog determined to be a vicious dog pursuant to subsection (A) of this section that is found to be in violation of this section shall be subject to immediate seizure and impoundment and may be destroyed upon order of a city magistrate.

D.

Destruction of Vicious Dog. Any dog that has been determined to be a vicious dog pursuant to subsection (A) of this section that injures or kills a human being or a domestic animal and is in violation of this section shall be destroyed.

E.

Penalties.

1.

Any owner of a dog that has been declared vicious pursuant to subsection A of this section who violates or permits the violation of any provision of this section shall, upon conviction in the city court, be fined as set by council resolution. Said owner may also be charged according to state statutes governing vicious dogs.

2.

The court may order the vicious dog impounded and destroyed.

3.

The court may order any person who violates this section to pay all expenses related to the impounding of the vicious dog, including shelter, food, handling, and veterinary care, to the city.

4.

The court may order any person who violates this section to pay restitution to a victim or victims whose person, animal or property was injured, killed or damaged.

5.

In the event that the owner of the vicious dog is a minor, the parent or guardian in physical control of such minor at the time of the acts giving rise to the determination of viciousness shall be liable: a) for all injuries and property damage sustained by a person or domestic animal caused by an unprovoked attack by said vicious dog; and b) all violations of this section.

(Ord. NS301, § 2(6-5-10), 2010)