§ 6-15. Threatening or menacing behavior.

(a)

It shall be unlawful for the owner of any animal, or that owner's agent, to allow that animal to act in a threatening or menacing manner toward any other animal not belonging to said owner or agent, when that animal is not on the property of said owner or agent. This section shall not apply to animals which are securely enclosed, or under the direct control of the owner/agent as defined in this chapter.

(b)

It shall be unlawful for the owner of any animal, or that owner's agent, to allow that animal to act in a threatening or menacing manner toward any person not on the property of said owner or agent.

(c)

Upon receipt of a report of any animal acting in this manner, domestic animal services may investigate the incident. After investigation, domestic animal services may order the owner or agent to keep the animal restrained or confined as defined in this chapter, and may issue a written warning or a citation and a notice ordering confinement.

(d)

Upon an owner's conviction under this section, the subject animal will be considered a dangerous animal for the purpose of section 6-16. A record of the order to confine, the written warning, the citation, and any supporting affidavits will be held on file at domestic animal services.

(e)

An order to confine will be a written notice issued by an animal control officer to a person who owns or harbors a dog that has acted in a threatening or menacing manner. One copy will be left with the owner of the animal and one copy will be kept on file at domestic animal services. Such notice shall include:

(1)

The name, address and telephone number of the owner;

(2)

The sex, color, and breed of dog;

(3)

The license and rabies vaccination registration numbers;

(4)

The time, date and nature of the incident;

(5)

The signature of the owner agreeing to confinement; and

(6)

The signature of the issuing officer.

The confinement must be completed within 24 hours of the notice being issued. The animal control officer conducting the investigation will check to ensure that the confinement has been completed.

(f)

Failure or refusal to confine any animal in violation of this section may result in the animal being impounded and/or citations being issued.

(g)

An animal that is secured on its owner's property cannot be found to be threatening or menacing.

(Ord. No. 10-03, § 19, 2-16-2010)