§ 6-72. Citation for designation of level one dangerous dog or level two dangerous dog; hearing; designation of level one dangerous dog or level two dangerous dog; imposition of conditions; no change of ownership pending hearing.

(a)

If an animal control officer or a law enforcement officer has investigated and determined that there is probable cause to believe that a dog is level one or level two dangerous, a citation shall be issued for the owner to appear in general sessions court for the purpose of determining whether or not the dog in question should be designated as a level one or level two dangerous dog. Except by agreement of the respondent and counsel for the county and with the approval of the judge, the hearing shall be held not less than five nor more than 15 business days after service of citation upon the owner of the dog.

(b)

The general sessions court shall designate a dog as a "level one dangerous dog" if the general sessions court finds, upon a preponderance of the evidence, that the dog:

(1)

Has, when unprovoked while on the property of its owner, attacked a person on two or more occasions within the prior 24-month period; or

(2)

Has, within the prior 24-month period while off the property of its owner, engaged in any behavior when unprovoked that reasonably would have required a person to take defensive action to prevent bodily injury; or

(3)

Has, when unprovoked while off the property of its owner, bitten a person or domestic animal causing a minor injury.

(c)

The general sessions court shall designate a dog as a "level two dangerous dog" if the general sessions court finds, upon a preponderance of the evidence, that the dog:

(1)

Has, when unprovoked while on the property of its owner, attacked a person on three or more occasions within the prior 24-month period;

(2)

Has, on two or more occasions within the prior 24-month period while off the property of its owner, engaged in any behavior when unprovoked that reasonably would have required a person to take defensive action to prevent bodily injury;

(3)

Has, when unprovoked while off the property of its owner, bitten a person or a domestic animal causing a severe injury;

(4)

Has previously been declared a level one dangerous dog but has not been kept in compliance with any restrictions placed by the general sessions court upon the owner of such dog; or

(5)

Has been owned, possessed, kept, used or trained in violation of T.C.A. § 39-14-203.

(d)

No dog may be declared level one or level two dangerous as a result of injury or damage if, at the time the injury or damage:

(1)

The person who was injured or damaged:

a.

Was committing a willful trespass or other tort upon the premises occupied by the owner of the dog;

b.

Was teasing, tormenting, abusing or assaulting the dog; or

c.

Was committing or attempting to commit a crime;

(2)

The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack; or

(3)

Injury or damage was sustained by a domestic animal which, at the time of the injury or damage, was teasing, tormenting, abusing or assaulting the dog.

(e)

Upon designating a dog as a level one or level two dangerous dog, the general sessions court shall impose the restrictions on the owner of such dog as set forth in this article and may impose such additional restrictions on the respondent as are appropriate under the circumstances of the case. The general sessions court shall reduce such restrictions to writing and have them served on the respondent.

(f)

It shall be unlawful for any person who is subject to any such restrictions to fail to comply with such restrictions.

(g)

It shall be unlawful for any person who has been served with a citation to appear in general sessions court for the purpose of determining whether such person's dog should be designated as a level one or level two dangerous dog to transfer ownership of such dog until after the general sessions court has issued a ruling on such citation.

(h)

It shall be unlawful for any person whose dog has been designated as a level one or level two dangerous dog to transfer ownership of such dog to another person without:

(1)

Having advised such other person that the dog has been designated as a level one or level two dangerous; or

(2)

Having advised such other person in writing of the restrictions that have been placed upon such dog; and

(3)

Having notified the animal control division in writing at least 15 days prior to such transfer of the name, address and telephone number of the proposed new owner or custodian, the proposed new location of the dog, and the name and description of the dog.

(Ord. No. O-07-12-102, § 2, 1-28-08)