Section 17-345. Determination of a dangerous dog  


Latest version.
  • The commissioner shall have
      the  authority  to  make  a  determination  that  a dog is dangerous, as
      defined in subdivision (c) of section 17-342, upon the complaint of  any
      person  that  a  dog  is  dangerous.  The  commissioner  shall make such
      determination after a hearing, written notice of which shall be given to
      the complainant and to the owner of the dog, within fifteen  days  after
      seizure  when  seizure  of  the  dog has been ordered by the department,
      where  the  owner's  address  can  be  reasonably  ascertained  by   the
      commissioner.  The  hearing shall be held no less than ten days nor more
      than twenty days after such notice is mailed to the owner of the dog. At
      such hearing all  interested  persons  shall  have  the  opportunity  to
      present  evidence  on the issue of the dog's dangerousness. In the event
      that the dog in question has caused severe injury  to  any  person,  the
      commissioner  may  impound  the dog, at the owner's expense, pending the
      hearing and determination of the complaint. If, after the  hearing,  the
      commissioner  determines  that the dog is dangerous, he or she may order
      the owner to comply with one or more of the following  requirements,  in
      any combination thereof:
        a.  Registration.  The commissioner may order the owner of a dangerous
      dog to register such dog with the department. The application  for  such
      registration shall contain the name and address of the owner, the breed,
      age,  sex,  color,  and  any  other  identifying  marks  of the dog, the
      location where the dog is to be kept if not at the address of the  owner
      and  any  other  information  which  the  commissioner  may require. The
      application  for  registration  pursuant  to  this  paragraph  shall  be
      accompanied  by  a  registration  fee  of  twenty-five dollars. Each dog
      registered pursuant hereto shall be assigned  an  official  registration
      number by the department. Such registration number shall be inscribed on
      a  metal  tag  which shall be attached to the dog's collar at all times.
      The tag and a certificate of registration shall  be  of  such  form  and
      design  and  shall  contain  such  information as the commissioner shall
      prescribe and  shall  be  issued  to  the  owner  upon  payment  of  the
      registration  fee  and  the  presentment of sufficient evidence that the
      owner has complied with  all  of  the  orders  of  the  commissioner  as
      prescribed at the determination hearing.
        b.  Muzzling or confinement. The commissioner may order the owner of a
      dangerous dog to muzzle the dog  or  confine  the  dog,  at  all  times,
      indoors or in a proper enclosure for a dangerous dog which shall consist
      of  a securely enclosed and locked pen or structure, suitable to prevent
      the entry of young children, or  any  part  of  their  bodies  or  other
      foreign  objects, and designed to prevent the animal from escaping. Such
      pen or structure shall have  secure  sides  and  prevent  the  dog  from
      digging  his way out through the bottom. The pen or structure shall also
      provide the dog with protection from the elements. The owner shall  also
      conspicuously  display a sign designed with a warning symbol approved by
      the commissioner  which  indicates  to  both  children  and  adults  the
      presence  of a dangerous dog, on the pen or structure and on or near the
      entrance to the residence where the dog is kept. At any  time  that  the
      dog is not confined as required herein, the dog shall be muzzled in such
      a  manner  as to prevent it from biting or injuring any person, and kept
      on a leash no longer  than  six  feet  with  the  owner  or  some  other
      responsible person attending such dog.
        c.  Liability  insurance.  The  commissioner  may order the owner of a
      dangerous dog to  maintain,  in  full  force  and  effect,  a  liability
      insurance  policy of one hundred thousand dollars for personal injury or
      death of any person, resulting from an attack of such dangerous dog.
        d.  Humane  destruction.  The  commissioner  may  order   the   humane
      destruction  of  any  dog  that kills or causes severe injury to a human
    
      being, based upon the severity of the injury and  the  circumstances  of
      the injury.
        e.  Other  remedies.  The  commissioner  may order (i) that the dog be
      permanently removed from the city; or (ii) that the owner  and  the  dog
      complete a course of obedience and/or anti-bite training approved by the
      commissioner.
        In the event that the owner or keeper of the dangerous dog is a minor,
      the  parent  or  guardian or such minor shall be liable for all injuries
      and property damage sustained by any person or domestic animal caused by
      an unprovoked attack by such dangerous dog.