Standards and Factors for Sentencing

(a)   If the hearings officer determines that a dog is a Dangerous Dog, the hearings officer will determine, based upon the facts established at the hearing, whether the dog shall be sentenced subject to any combination of restrictions, or sentenced to death, and penalize the keeper with fines, restrictions, and/or community service as set forth in JCC 612.18.

(b)   The hearings officer may give deference to the animal control officers’ opinions as those opinions relate to the propensities, characteristics, and safety of the animal in question concerning issues of dangerousness.

(c)   Except as otherwise provided in this Chapter, or if contrary to mandates set forth in State law, a presumptive death sentence is imposed against a dog when the Director or hearings officer finds any of the following that:

(1)   The dog is "Dangerous" and caused serious physical injury or death to a person;

(2)   The dog is "Dangerous" and caused serious physical injury or death to another animal not owned by the keeper;

(3)   The dog committed two occurrences, whether arising out of the same incident or not, wherein the dog is found to be a "Dangerous Dog or Dangerous Animal" as defined under JCC 612.01(a)(6), or

(4)   The dog is found to be a "Public Hazard." In order to make such a determination, the Director or hearings officer must answer each of the following questions in the affirmative:

A.   Did the dog act aggressively?

B.   If the dog was found to have been provoked, would a reasonable person find that the dog acted overly aggressively?

C.   Will the dog likely continue to act aggressively without substantial human intervention?

(d)   Notwithstanding the presumed sentencing described above, the Director or hearings officer shall have discretionary authority to impose requirements on the keeper of the dog in order to further the health, safety and welfare of the public which requirements may include, but not be limited to those restrictions set forth under JCC 612.18.

(e)   Any decision in this section by the Director or hearings officer is a final decision of the County and can not be appealed to the Board of Commissioners.

(Ord. 2001-2. Passed 5-23-01.)