§ 3-26. Vicious dog.
(a)
Deeming a dog dangerous or vicious.
(1)
Citation. An animal control officer may issue dog owner(s) a citation if the animal control officer has probable cause, based on section 3-17, ["Citation"], that the dog meets the definition of "dangerous" or "vicious" in Pulaski County section 3-17.
a.
If a citation is not issued contemporaneously with the alleged incident, the animal control officer may apprehend and impound the dog at the animal shelter, if the animal control officer determines that impounding the dog is in the best interest of the safety and well-being of the community, based on the totality of the circumstances.
1.
If a citation is not given to the dog's owner(s), the dog is to be released, with the owner(s) responsible for the costs of impounding the dog.
b.
Upon a citation being issued, the animal control officer shall apprehend and impound the dog at the animal shelter, until a final determination is ordered by the Pulaski County District Court.
c.
The owner(s) may sign an agreement stating that they waive the right to a district court determination and agree to comply with the requirements set forth in (b)(1) and (2).
(2)
District court determination. Upon a citation being issued by an animal control officer, the officer shall file a complaint with the Pulaski County District Court, and provide a copy to the Sixth Judicial District Prosecuting Attorney's Office, along with a narrative of facts, the evidence relied upon in issuing the citation, and names and contact information for all witnesses.
a.
Arraignment, and a trial on the merits, shall be held in an expedited manner, without delay, consistent with the court's authority to schedule matters before the court, unless an owner of the impounded animal requests a continuance and pays a cash deposit into the court registry equal to the impoundment and boarding fees through the subsequent court date.
(b)
After final determination—Vicious. Upon final determination by the district court that the dog is vicious, the court shall order the owner(s) to adhere to the following rules, and require compliance, based on an inspection performed by an animal control officer, before the dog may be released:
(1)
Payment of the costs associated with impounding the dog.
(2)
The owner(s) shall arrange for a licensed veterinarian to tattoo the dog and then communicate to the Pulaski County Animal Services Director ("Director"), the name and location of the veterinarian, the date and time the dog can be tattooed, and the incident ID number;
a.
Pulaski County Animal Services shall transport the dog to the veterinarian;
b.
The owner(s) shall be responsible for cost of tattooing the dog; and,
c.
The owner(s) shall bring a muzzle and leash to the veterinarian's office to retrieve the dog.
(3)
Sign an agreement that states that the owner(s) shall:
a.
Keep the dog confined within a dwelling unit or a commercial building; or,
b.
Keep the dog in a secured enclosure, with covered top and concrete bottom, when outdoors and unattended;
c.
Keep the dog on a leash, under the control of a responsible handler when outdoors;
d.
Post on or affix to the property or enclosure signs stating "Beware of Vicious Dog" along with a symbol, consistent with that statement. The signs displayed shall be easily seen from the public roadway.
(c)
After final determination—Dangerous. Upon a final determination by the district court that the dog is dangerous, the court shall order and receive confirmation of compliance of the following, before the dog may be released:
(1)
Payment of the costs associated with impounding the dog.
(2)
The owner(s) shall display signs stating "Beware of Dangerous Dog" along with a symbol consistent with that statement. The signs displayed shall be easily seen from the public roadway.
(d)
Failure to retrieve impounded dog.
(1)
Following the district court's determination, the dog must be retrieved by its owner(s) from the animal shelter within seven (7) business days.
a.
If the owner(s) of the dog fails to retrieve the animal within seven (7) business days, the dog shall be humanely destroyed, if it has been deemed vicious; or,
b.
If the owner(s) of the dog fails to retrieve the dog within seven (7) business days, the dog shall be put up for adoption if the dog has:
1.
Not been deemed vicious or dangerous; or
2.
Been deemed dangerous.
(e)
Subsequent incident of viciousness.
(1)
If an animal control officer is alerted that an owner of a dog previously adjudged vicious has violated the terms of section (a)(1)c., (b) or (c) of this section, or has been involved in an incident which would meet the definition of vicious in section 3-17 ["vicious dog"], the animal control officer shall follow the same procedure as set forth in subsection (a) of this section.
(2)
The court shall follow the same procedures set forth in subsection (a) of this section, but the animal control officer may make the following recommendation and the court may order that:
a.
The dog be humanely destroyed if the dog has attacked a person or another domestic animal with such severity as to cause physical injury or property damage.
(3)
Violations and penalties.
a.
Subsequent violations. Upon a finding by the district court that a dog previously determined to be dangerous or vicious is possessed, kept, or harbored by an owner or an individual that failed to follow the terms agreed to in sections (c) or (d) of this section, the owner(s) may be fined not more than:
1.
Five hundred dollars ($500.00); or,
2.
If the violation is continuous in respect to time and nature, the fine shall not exceed more than two hundred fifty dollars ($250.00) per day.
(4)
Subsequent violations - Subsection (e)(3)a. Upon a subsequent finding by the district court that a dog previously determined to be vicious has committed a subsequent vicious act, consistent with subsection(e)(2), and is determined to be vicious, the individual who owns, possess, keeps, or harbors the dog, may have the district court impose the fines from subsection (e)(3)a. and/or the following penalty:
a.
Humane destruction of the dog.
(f)
The conditions set forth in this section, included the following conditions, shall apply to dogs that are relocated into Pulaski County after having been deemed dangerous or vicious by another jurisdiction:
(1)
Any person relocating a vicious dog into the unincorporated area of Pulaski County shall register the dog with Pulaski County Animal Services within thirty (30) days of relocation. The following must occur to register the dog:
a.
The jurisdiction where the dog was determined to be vicious must be provided;
b.
The name, address and contact information of the owner(s) must be provided;
c.
A photograph of the dog and tattoo indicating the dog is vicious must be provided;
d.
An agreement conforming to subsection (b)(3) must be signed; and
e.
The owner(s) must display a sign stating "Beware of Vicious Dog" along with a symbol consistent with that statement. The sign displayed shall be easily seen from the public roadway; and
f.
An inspection, performed by animal control officer, which documents that the owner(s) are in compliance with subsection (f)(1) and (b)(3).
(2)
Any person relocating a dangerous dog into the unincorporated area of Pulaski County shall register the dog with Pulaski County Animal Services within thirty (30) days of relocation. The following must occur to register the dog:
a.
The jurisdiction where the dog was determined to be dangerous must be provided;
b.
The name, address and contact information of the owner(s) must be provided;
c.
A photograph of the dog must be provided;
d.
The owner(s) must display a sign stating "Beware of Dangerous Dog" along with a symbol consistent with that statement. The sign displayed shall be easily seen from the public roadway; and
e.
An inspection, performed by an animal control officer, which documents that the owner(s) are in compliance, must occur.
(Ord. No. 01-OR-75, Art. 3, 7-27-01; Ord. No. 07-OR-32, Arts. 1—3, 6-28-07; Ord. No. 17-OR-11, Art. 2, 3-29-17)