•Definition of A Dangerous Dog
A dangerous dog means any dog that
- causes a substantial puncture of a person's skin by teeth without causing serious injury; provided, however, that a nip, scratch or abrasion shall not be sufficient to classify a dog as dangerous.
- aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs; provided, however, that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous
- while off the owners property, kills a pet animal; provided, however that this subparagraph shall not apply where the death of such pet animal is caused by a dog that is working or training as a hunting dog, herding dog or predator control dog
•Once a Dog Is Classified as Dangerous
When a dog control officer determines that a dog is subject to classification as a dangerous dog or vicious dog, the dog control officer shall mail a dated notice tot he dog's owner within 72 hours. Such notice shall include a summary of the dog control officer's determination and shall state that the owner has a right to request a hearing from the authority on the dog control officer's determination within 15 days after the date shown on the notice.
The notice shall also provide a form for requesting the hearing and shall state that if a hearing is not requested within the allotted time, the dog control officer's determination shall become effective for all purposes under this article.
• Once a Hearing Is Requested
When a hearing is requested by a dog owner in accordance with subsection of this Code section, such hearing shall be scheduled within 30 days after the request is received; provided, however, that such hearing may be continued by the authority for good cause show. At least ten days prior to the hearing the authority conducting the hearing shall mail to the dog owner written notice of the date, time and place of the hearing.
At the hearing, the dog owner shall be given the opportunity to testify and present evidence and the authority conducting the hearing shall receive other evidence and testimony as may be reasonably necessary to sustain, modify or overrule the dog control officer's determination.
Within ten days after the hearing, the authority which conducted the hearing shall mail written notice to the dog owner of its determination on the matter. If such determination is that the dog is a dangerous dog or a vicious dog, the notice of classification shall specify the date upon which that determination shall be effective.