Legal Documents of Newport

Dangerous and vicious dogs declared a hazard. Dogs within the City of Newport who by their nature, treatment, training or personality are unusually, overly, decidedly or deliberately aggressive toward persons or others animals are hereby declared to be a hazard to the public safety as "dangerous" or "vicious" dogs. The owners thereof shall be subject to additional restrictions and requirements for the keeping of such animals within the city and additional penalties if found in violation.

1. Dangerous dogs. A dangerous dog shall be:

   1. Any dog which, according to the records of the Newport Police Department, has inflicted injury on a human being without provocation on public or private property; or
   2. Any dog which, according to the records of the Newport Police Department, has killed a domestic animal without provocation while off of the owner's property; or
   3. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
   4. Any dog not owned by governmental or law enforcement used primarily to guard public or private property; or
   5. Any dog not owned by governmental or law enforcement trained to attack a human being or another animal upon voice command or hand signal given by its owner or handler.
2. Vicious dogs. A vicious dog shall be any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, to domestic animals.

Dogs involved in unprovoked fatal or severe attacks on humans.

1. Deadly force may be utilized by the animal control officer or the Newport Police Department, or assigned agent (a licensed veterinarian) to effect the capture of any dog responsible for an unprovoked fatal or severe attack upon a human being or to prevent such an attack upon themselves or another when they believe an attack to be imminent or unavoidable in the course of their duties.
2. A dog responsible for an unprovoked fatal or severe attack on a human being shall, if captured alive and in the custody of the city, be humanely euthanized following an investigation to clarify the circumstances of the incident and a reading from the municipal court to that effect. The cost of the euthanization of said animal will be at the expense of the owner.

Requirements for keeping a dangerous or vicious dog. The owner of any dog ruled to be dangerous or vicious shall be required to meet the following conditions in order to keep the dog inside the city limits of Newport:

1. The owner shall, at his own expense, have a "dangerous" or "vicious" dog number as assigned by the City of Newport Animal Control Department, tattooed upon such dog by a licensed veterinarian or by a person trained or authorized by a locally licensed veterinarian. The animal control officer shall designate the particular anatomical location of said tattoo.
2. The animal will wear a "dangerous" dog collar, easily recognizable to the public, police and animal control officers, at all times, to identify the animal as a dangerous dog.

3. The owner shall notify the Newport Police Department and animal control as soon as possible, but no more than eight (8) hours afterwards, if a dangerous or vicious dog is loose, unconfined or at large or has been sold, died, or given away.

   Notification shall be made immediately if the dog has attacked a human being or another animal. If the dog has been sold or given away, the owner shall provide to the animal control officer the name, address and telephone number of the new owner, who must comply with the requirements of this chapter. The animal control officer will also notify the new owner of the animal's complete history.

4. While on the owner's property, a dangerous or vicious dog must be securely confined indoors or in a securely enclosed (four sides and top) and locked pen or structure, suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five feet by ten feet (5' x 10') and must secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two (2) feet. The enclosure must also provide protection from the elements for the dog.
5. The owner shall conspicuously display a sign(s) on the premises warning that there is a "dangerous" dog on the property. This sign(s) shall be visible and capable of being read from the public highway or thoroughfare.
6. A dangerous or vicious dog may be off the owner's premises only if it is muzzled and restrained by a substantial chain or leash not exceeding six feet (6') in length attached to a sturdy collar or halter and under the direct control of a responsible adult. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
7. The owner of a dangerous or vicious dog shall present to the city recorder and animal control officer proof that the owner has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) covering each twelve (12) month period. This policy shall contain a provision requiring that the City of Newport be named an additional insured for the sole purpose that the city be notified by the insurance company of any cancellation, termination or expiration of the policy.

Declaring a dog as dangerous or vicious--procedure.

1. The court may rule a particular dog as dangerous following an examination of all facts, information, and evidence offered by animal control, the dog's owner, and any witnesses at a hearing held for that purpose. A dog's "breed" alone is not sufficient evidence to declare it as dangerous or vicious.
2. If the animal suspected to be dangerous or vicious has been involved in an attack upon a human being the animal control officer shall attempt to capture and impound the dog. If the dog is captured alive and impounded in the city animal shelter or a local veterinary hospital or clinic, the animal control officer shall notify the city judge of the incident and the condition of the victim. The city judge shall then set an appropriate date for a dangerous or vicious dog hearing and issue a summons to the owner to appear.
3. If the animal in question is killed during the capture on the complaint is based upon reasonable suspicion that it meets the criteria set forth in the subsection on dangerous dogs and vicious dogs of this chapter, the animal control officer shall issue the owner a citation and assign a date consistent with the city court's regularly scheduled court calendar.

Time limits to comply with dangerous and vicious dog requirements.

1. The owner of any dog ruled as dangerous or vicious by the court, unless the dog is destroyed (euthanized), shall immediately comply with the "requirements for keeping a dangerous or vicious dog."

2. An impounded dog ruled as dangerous or vicious by the court will not be released until the following requirements are met:

   1. A certificate of inspection is issued by animal control or code's enforcement stating that the pen or structure for the animal's confinement is in compliance with the guidelines in this chapter under "requirements for keeping a dangerous or vicious dog."
   2. A certificate of liability insurance is presented to the court, with a copy on file with animal control.
   3. All impound fees, fines and penalties are paid in full.

Penalties.

1. If the dog was involved in an unprovoked attack on a human being, the penalty shall be confiscation and destruction of the animal and a fine of no less than fifty dollars ($50.00).
2. If the dog is ruled dangerous for any other reason the fine shall be no less than ten dollars ($10.00) nor more than fifty dollars ($50.00) and the "requirements for keeping a dangerous or vicious dog" shall be imposed.
3. If a dog previously ruled to be dangerous or vicious is found to be at large or improperly leashed and muzzled in a public place the fine shall be no less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for the first offense. The fine shall be doubled for each succeeding offense with confiscation and destruction of the animal in addition to any fine upon a third offense violation.

Dogs involved in provoked attacks.

1. A dog that has inflicted injuries under circumstances which indicate that the animal was provoked shall be required to be kept by the owner as outlined for dangerous or vicious dogs with the exception of the tattooing.
2. No dog will be declared dangerous or vicious if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or has in the past, been observed or reported to have teased, tormented, abused, or assaulted to commit a crime.

Issuance of the "requirements for keeping a dangerous or vicious dog."

1. A copy of the requirements for keeping a dangerous or vicious dog shall be issued to each person the city court rules owns a dangerous dog.
2. The animal control officer shall be responsible for supplying the city recorder's office with a supply of these requirements for insurance to the appropriate owners.

Adoption of dangerous or vicious dog.

1. Any dog that has been designated as dangerous or vicious under this section may not be offered to the public for adoption.
2. This shall include dogs which the animal control officer has in impound of an unclaimed nature and of unknown origin which through conduct or demeanor leads the animal control officer to believe that the animal is dangerous or vicious. (Ord. #93-5, June 1993)