§ 10-13. Attacking and biting animals; report of; confiscation.

(a)

Notice to the county.

(1)

Any person having information an animal has bitten or attacked a person shall immediately report such information to CCAC.

(2)

Notwithstanding the provisions of subsection (a)(1) of this section, the owner of a vicious animal shall notify CCAC immediately, but in any case within 24 hours, if the animal is loose, unconfined, has attacked a human, has died or has been sold or donated. If the animal has been sold or donated, the designation travels with the animal, and the original owner shall provide CCAC with the name, address and telephone number of the new owner of the animal, and the former owner shall inform the new owner of the designation.

(b)

Confiscation of biting animals. Upon receiving notice that an animal has bitten or attacked a person, an authorized person from CCAC shall investigate the incident. Any animal determined to have bitten a person shall be immediately strictly confined and isolated for observation at CCAC or, at the owner's option, the owner may immediately take the biting animal to a licensed veterinarian. In the event the licensed veterinarian is closed or unable to take the animal at that time, the animal will be immediately transported to the animal shelter and held until the animal can be transported to a veterinary clinic. Regardless of the quarantine or confinement location, the owner shall be responsible for all expenses incurred. The biting animal shall be segregated and isolated for at least ten days from the date of the bite.

(1)

Nothing shall prohibit CCAC from allowing an animal to remain in strict confinement on the premises of the owner subject to daily inspections by CCAC so long as the health, safety, and welfare of any person or animal is not threatened. Those animals may include but are not limited to the following:

a.

A female animal that is nursing offspring and that is current on her rabies vaccination.

b.

A vaccinated animal if the animal has a medical condition, verified by a written statement from a licensed veterinarian, and confinement at CCAC or a veterinary clinic would be detrimental to the health and welfare of the animal.

c.

An animal that is current on its vaccination and has bitten its owner, caretaker, or member of its family.

(2)

No animal that is in strict confinement for biting shall be vaccinated for rabies until the end of the quarantine period.

(3)

No animal that is in strict confinement shall be sterilized or undergo any other surgical procedure during the quarantine period unless the surgery is necessary for a life threatening medical condition or injury.

(c)

Confiscation of dangerous dogs and potentially dangerous dogs. In addition to the provisions of subsection (b) of this section, a dangerous dog or potentially dangerous dog, after adjudication, shall be confiscated as follows:

(1)

Dangerous dogs. A dangerous dog shall be immediately confiscated by CCAC or by a law enforcement officer or by another person authorized by CCAC if:

a.

The owner of the dog does not secure the liability insurance or bond required by section 10-10;

b.

The dog is not validly registered as required by section 10-10 of this section, including the posting of warning signs;

c.

The dog is not maintained in a proper enclosure; or

d.

The dog is outside of a proper enclosure in violation of section 10-11.

(2)

Potentially dangerous dogs. A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is:

a.

Not validly registered as required by section 10-10, including the posting of warning signs;

b.

Not maintained in a proper enclosure; or

c.

Outside of a proper enclosure in violation of section 10-11.

(d)

Return of confiscated dangerous dogs, potentially dangerous dogs or vicious animals. Any dog that has been confiscated under the provisions of subsections (b), (c)(1) or (c)(2) of this section shall be returned to its owner upon the owner's compliance with the provisions of this chapter and upon payment of reasonable confiscation costs provided in this chapter. If the owner has not complied with the provisions of this section within 20 days of the date the dog was confiscated, the dog shall be destroyed in an expeditious and humane manner. The payment of reasonable confiscation costs and the return of a dog shall not bar or affect an action against the owner for violation of this chapter.

(Ord. of 9-23-80, § 13; Ord. of 6-11-85; Ord. of 10-24-89; Res. of 11-9-93; Code 1977, § 3-5-10; Ord. of 5-24-05)