01-18 Amend 505 Animals and Fowl & 506 Dangerous and Vicious Animals

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506.01(h), if the chief determines that the behavior was not unprovoked or other similar mitigating or extenuating, circumstances existed. (f) If a dog is classified as a potential nuisance dog pursuant to subsection (c) of this section, the owner or keeper of the dog shall have the right to an adminis- trative hearing to object to the designation pursuant to Section 506.08. At hear- ing, the chief must show, by a preponderance of the evidence, that the dog ex- hibited the behaviors identified in Section 506.01(h). 506.05 CONTROL OF POTENTIAL NUISANCE DOGS. (a) No owner, keeper, or harborer of any potential nuisance dog shall fail to do the following: (1) While the dog is on the premises of the owner, keeper, or harborer, so as to prevent it from causing injury to any person or domestic animal: A. Securely confine the dog indoors; B. Securely confine the dog in a locked pen which has a secured top and keep the dog under direct supervision by some person who is of sufficient size and strength to control the dog; C. Securely confine the dog in a locked fenced yard, which fence is located in the rear yard with self - closing and self - latching gates on any openings of the fenced yard, at least six feet high, and keep the dog under direct supervision by a person who is of sufficient size and strength to control the dog; or D. Keep the dog restrained by a non - retractable leash or tether no longer than six feet in length and have the leash or tether controlled by a person who is of sufficient size and strength to control the dog or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity. (2) While the dog is off the premises of the owner, keeper, or harborer, includ- ing within common areas of multiple -unit properties, so as to prevent it fiom causing injury to any person or domestic animal: A. Keep the dog restrained by a non - retractable tether leash or a leash no longer than six feet in length and have the leash or tether controlled by a person who is of sufficient size and strength to control the dog or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity; and B. Identify the dog as a potential nuisance dog with a leash, collar, harness, vest, or other garment that is colored neon yellow, without patterns or other adornments except designs intended to increase visibility of the dog at night. The identifying garment shall be visible and identifiable to an ordinary person from at least 15 feet away so as to provide reasonable warning to that person about the dog's classification. (3) Post and display on the premises where the potential nuisance dog is kept a conspicuous and legible sign visible from all areas of customary or actual public access warning the public that there is a potential nuisance dog on the premises. Such sign shall be at least eight inches by ten inches in rectangular dimensions and shall contain only the words "BEWARE OF DOG" in lettering not less than two inches in height. Such sign shall also include a visual symbol for any chil- dren or people who cannot read words. All signs in residential areas must be set back from the front property line a minimum of five feet. All signs are to be purchased from the City. (4) Within ten calendar days of the notice of classification, provide the Divi- sion of Police with an identifying color photograph of the dog and microchip in- formation if the dog is microchipped. (5) Notify the Division of Police immediately if the dog is loose or unconfined or has aggressively bitten a human or another domestic animal. (6) Notify the Division of Police in writing within five calendar days if the dog is transferred to another owner or keeper or dies. If the dog is transferred to 15