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A. Pursuant to Section 9.24.040, the owner of an animal determined to be dangerous or potentially dangerous by the hearing officer shall be required to comply with the abatement order of the hearing officer which contains any or all of the following conditions:

1. Registration. To immediately register the animal that is found to be dangerous with the animal control officer to comply with the animal control officer’s requirements for dangerous animals (including, but not limited to, requiring the animal to wear a visible dangerous animal tag), and to keep such animal properly vaccinated at all times. The fee to keep or maintain one dangerous animal shall be fifty dollars for a twelve-month term, and the fee for each additional dangerous animal shall be twenty-five dollars. The fee shall be paid for each twelve-month term. Should the animal die in any twelve-month term, the owner shall notify the animal control officer of the death within five working days of the death;

2. Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal control officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine a dangerous animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house a dangerous animal must comply with all zoning and building regulations of the city. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition;

3. Confinement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length, not to exceed six feet, and under the control of a responsible person eighteen years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure;

4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian at the owner’s expense and to present proof thereof to the animal control officer;

5. Insurance. The owner of any animal found to be dangerous pursuant to this title shall present to animal services proof that the owner has procured liability insurance in the amount of at least one hundred thousand dollars covering any damage or injury that may be caused by the dangerous animal. Such liability insurance shall not be cancelled unless the owner ceases to own the animal. Coverage shall be evidenced by an endorsement from the insurer. The animal owner shall provide the city at least thirty days’ advance notice of cancellation of any insurance policy required by this section. The insurance requirements set forth herein may be extended to the owner of a potentially dangerous animal based on the circumstances and recommendation of the animal control officer;

6. Bond. The posting of a bond or other proof of ability to pay a damage award in the amount of fifty thousand dollars;

7. Notification. To immediately inform any city, county, postmaster or utility company meter readers and anyone else that lawfully comes onto the property, of the animal’s dangerousness and to inform animal control and/or the chief of police if the animal is moved to another location inside or outside the city limits as provided by this chapter;

8. Signs. To display in a prominent place on the premises a sign easily readable by the public using the words "Beware of Dog" or "Beware of Animal" in letters at least three inches high;

9. Microchip and Sterilization Requirements. The owner of any animal found potentially dangerous or dangerous pursuant to this chapter shall, at the owner’s expense, have a microchip assigned by animal services implanted into the animal for identification purposes. The identifying information listed on the microchip shall be noted in the licensing files for that animal. An animal that has been found to be potentially dangerous or dangerous pursuant to this chapter shall be sterilized at the owner’s expense by a date determined by the animal control officer;

10. Inspection. To consent and agree to the entry upon the premises to any police officer or animal control officer for the purpose of inspecting the animal and/or premises;

11. Payment of Cost. To make reasonable payment of costs incurred by the city and animal control agent in the hearing process, not to exceed one thousand dollars;

12. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public.

B. The owner of the animal shall comply with the conditions imposed by the hearing officer within thirty days of the order.

C. All owners of dangerous animals must within ten days of the effective date of the abatement order provide the animal control officer with two photographs (color) of the registered animal clearly showing the color and approximate size of the animal.

D. No dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure.

E. Failure to comply with an abatement order regarding a dangerous or potentially dangerous animal.

1. It is unlawful for the owner of an animal deemed dangerous or potentially dangerous under this chapter to fail to comply with the conditions set forth in an abatement order. Any animal found to be the subject of a violation of such an abatement order shall be subject to immediate seizure and impoundment. The hearing officer shall order the animal owner to show cause why the animal should not be humanely euthanized for failure to comply with the conditions contained in the abatement order of an animal deemed dangerous or potentially dangerous.

2. The hearing officer shall provide written notice pursuant to Section 9.24.060 that the animal will be humanely euthanized unless, within fourteen days from the date of the notice:

a. The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in the abatement order; or

b. The owner has filed in a court of competent jurisdiction a petition that seeks to stay euthanization of the animal and has served a copy of such petition upon the hearing officer.

3. If, after fourteen days from the date of such notice, the owner has not complied with the provisions of subsection (E)(1) or (E)(2) of this section, the hearing officer may, without further notice or process, have the animal humanely euthanized.

(Ord. 2349 NCS §1 (part), 2009; Ord. 2185 NCS §2 (part), 2004.)