§ 10.16.010. Dangerous and vicious animal declaration.

(a) Except as otherwise provided in subsection (b) of this section:

(1)

An animal may be declared dangerous by the animal control officer if on two separate occasions within eighteen months:

(A)

It behaved menacingly to a degree that would lead a reasonable person to defend himself against substantial bodily harm under the circumstances; or

(B)

It bit a person or animal, but without causing substantial bodily harm.

(2)

An animal may be declared dangerous by the animal control officer, without regard to any previous behavior, if:

(A)

It is used as the instrument in a crime of violence;

(B)

While either at large or restrained, it caused substantial bodily harm or death to another animal that was at large; or

(C)

It bit a person or animal, but without causing substantial bodily harm, if the animal is of a species capable of causing death or substantial bodily harm other than a domestic dog or cat.

(3)

An animal may be declared vicious by the animal control officer if:

(A)

It has killed or inflicted substantial bodily harm upon a human being or another animal not at large; or

(B)

After having previously been declared dangerous, with notice of the declaration having been provided to an owner or keeper, it continues to exhibit the same type of behavior that resulted in the declaration, or is in violation of the provisions of Section 10.16.030.

(b)

(1)

An animal shall not be declared dangerous pursuant to this section for only behaving menacingly towards or biting:

(A)

Another animal that, or person who, provoked the animal, as a result of and to the extent of the provocation or prior provocation;

(B)

Another animal that, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal that was behaving menacingly or biting; or

(C)

Another animal or person, in connection with its use by law enforcement officers in the performance of their duties.

(2)

An animal may not be declared vicious pursuant to this section for inflicting substantial bodily harm or killing:

(A)

Another animal that, or person who, provoked the animal, as a result of and to the extent of the provocation or prior provocation;

(B)

Another animal that, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal that killed or inflicted substantial bodily harm;

(C)

Another animal that, or person who, was harmed or killed in connection with its use by law enforcement officers in the performance of their duties; or

(D)

If the death or substantial bodily harm was not proximately caused by that animal, such as may unintentionally result from a person placing his or her hands between the jaws of fighting animals.

(c)

The owner or keeper of any animal declared dangerous by the animal control officer may, within seventy-two hours after notice has been served personally, posted at the address of impound, or deposited in the mail to the last known address of the owner or keeper, request a hearing to challenge the dangerous determination by providing a written request for a hearing to Clark County Animal Control. Conditions not otherwise required will be tolled pending a determination on such hearing.

(Ord. No. 4355, § 6, 11-18-2015)