45-04 Amend 506 Dangerous & Vicious Animals

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506.11 DISPOSITION OF DANGEROUS ANIMALS. (a) The Animal Warden, after a hearing by the Health Commissioner, may issue an order for the owner or custodian to remove any dangerous animal from the City, or, in the alternative, n1¡¡y impose reasonable terms, conditions and restrictions for the training, handling and maintenance of such dangerous anjmal which the Animal Warden determines are necessary to protect the public health, safety and welfare, including, but not limited to: (1) To keep the animal, whil~ on the premises of its owner or custodian, confined indoors qr in a securely enclosed pen or "dog run" area Which shall have sides six feet high or a secure top, and its bottom secured to its sides or imbedded at least one fobt into the ground; (2) To keep the animal, while off the premises of its owner or custodian, securely muzzled, Io;¡ashed with a chain not longer than three feet having tensile strength of not less than 300 pounds, ancj under the control of a person eighteen years of age or older who is physically capable of restraining the animal; (3) To immediately infurm any government or utility company employee and anyone else who comes on the property, with implied consent or peaceably and lawfully, of the animal's dangerousness, and to infurm applicable public agencies again if the animal is moved to another location; and (4) To obtain liability insurance with an insurer authorized to write liability insurancè in the State, providing coverage for each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000), because of damage or bodily injury to, or death of, a human being caused by the animal. (b) If the owner or custodian of the dangerous animal filèS a notice of ¡¡ppeal of the Health Commissioner's decision with a court of competent jurisdiction, the order of the Animal Warden to remove the dangerous animal from the City or to impose reasonable terms, conditions and restrictions which the Animal Warden deems are necessary to protect the public health, safo;¡ty and welfare shall not be stayed pending the appeal. (c) If the owner or custodian of an impounded or confined dangerous animal wishes to reclaim and remove it from the City, the Animal Warden shall ro;¡lease it, provided that the animal is taken to Its new location outside the City immediately and directly upon its release. No persQn to whom such animal is released shall fail to remove the animal immediately and directly from tho;¡ City. (d) Whoever violates this section shall be subject to the penalties provided in Section 506.01(b). . 506.12 PIT PULL DOGS. (a) All pit bull dogs are deemed to be dangerous animals even in the absence of a hearing by the Health Commissioner, and owners or cU$todians of such animals are subject to the terms, conditions and restrictions of Section 506.11. (b) As used in this section, "pit bull dog" means any Staffordshire Bull Terrier, American Pit Bull Terrier or American Staffordshire Terrier breed of dog; any dog of mixed breed which hqs the appearance and characteristics of being preclominantly of such breeds; any dog commonly known as a pit bull, pit bull dog or pit bull terrier; or a combination of any of these breeds. (c) In the event of a dispute as to whether or not a dog is a pit bull dog, the Health Commissioner shall make the determination with or without a hearing, amj the burden of proof that such dog is not a pit bull dog shall be upon the owner or custodian. 506.13 POLICE DOGS. The terms "dangerous animal" and "vicious animal," as used in this chapter, do not include pollcé dogs th¡¡t have been trained and may be used to assist law enforcement officers in the performance of their official duties.