§ 6-77. Mandatory restrictions on level two dangerous dogs.

(a)

Once the dog is designated as a level two dangerous dog by the general sessions court, the following restrictions shall be mandatory upon the owner of such dog:

(1)

The dog must be kept in a securely enclosed and locked secured enclosure suitable to prevent the entry of young children and designed to prevent the animal from escaping. A secured enclosure must be a minimum of six feet in height and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet deep. A secured enclosure must also be humane and provide some protection from the elements for the animal. If the dog is maintained unattended out-of-doors, such secured enclosure must be enclosed within an outer fence, and the outer perimeter of the secured enclosure must be no less than five feet from the outer fence.

(2)

The owner must allow inspection of the dog and its enclosure by the animal control division and must produce, upon demand, proof of compliance with such restrictions.

(3)

In the event that the owner or custodian of the dog is a tenant on real property where the dog is being kept, the owner or custodian must obtain written permission from the landlord or property owner, to be filed with the animal control division, to keep the dog on certain specified premises.

(4)

The owner and dog must attend and complete a training class and/or behavior modification course approved by the animal control division that is designed to teach the owner how to deal with, correct, manage and/or alter the problem behavior.

(5)

The owner must display, in a conspicuous manner, a sign at all entrances to the owner's premises on or within which the dog is kept warning that a dangerous dog is on the owner's premises by stating in capital letters measuring at least one and one-half inches in width and one and one-half inches in height and reading "WARNING—DANGEROUS DOG—KEEP AWAY." The sign must be visible and legible from the public way and from 50 feet away from the secured enclosure required pursuant to subsection (1). The owner must obtain the approval of the animal control division prior to posting the warning sign.

(6)

A level two dangerous dog shall not be permitted to leave the premises of the owner unless such dog is properly restrained and humanely muzzled for protection of persons and other animals.

(7)

A level two dangerous dog may never, even with the owner present, be allowed to be unrestrained on property that allows the dog direct access to the public.

(8)

The owner of a level two dangerous dog shall not permit such a dog to be chained, tethered or otherwise tied to any inanimate object such as a tree, post or building, inside or outside of its own separate enclosure.

(9)

Such dog shall be photographed by the animal control division for future identification purposes.

(10)

Neutering or spaying of the dog.

(11)

Implantation of an identification microchip in such dog; the serial number of the identification microchip must be supplied to the animal control division.

(12)

Requiring the owner of the dog or owner of the premises in which the dog is kept to procure and maintain in effect liability insurance, including coverage of claims arising from the conduct of the dog, in an amount not less than $100,000.00 and to furnish a certificate of insurance to the animal control division, within ten business days of the designation of the dog as a level two dangerous dog. The insurance shall include a provision whereby the insurer notifies the animal control division not less than 30 days prior to cancellation or lapse of coverage.

(13)

Maintaining and updating annually a record maintained with the animal control division that lists the dog owner(s) or agent contact information, emergency contact persons and phone numbers, veterinarian, landlord and/or property owner contact information, property/liability insurance carrier, vaccination, licensing and/or permit number, photograph of the animal and any other information deemed necessary by the animal control division.

(14)

Samples preserved for possible DNA identification which must be delivered to the animal control division.

(15)

Notification in writing to the animal control division of the location of the dog's residence, temporary or permanent, including prior notice of plans to move the dog to another residence within the county or outside the county and/or to transfer ownership of the dog.

(b)

The general sessions court may impose such additional restrictions that it deems necessary.

(c)

The cost of all such restrictions must be paid by the owner.

(Ord. No. O-07-12-102, § 2, 1-28-08)