BIL 004 Draft 06 2004-2006 - Laserfiche WebLink

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(10) The owner procure liability insurance or post bond of not less than $50,000, or for a higher amount if the court finds a higher amount appropriate to cover the medical and/or veterinary costs resulting from potential future actions of the dog; (11) The dog be humanely destroyed; or (12) Any other condition the court deems necessary to restrain or control the dog. For the purposes of this subsection, an escape -proof kennel means a kennel which allows the dog to stand normally and without restriction, which is at least two and one-half times the length of the dog, and which protects the dog from the elements. Fencing or wall materials required under this section shall not have openings with a diameter of more than two inches, and in the case of wooden fences, the gaps therein shall not be more than two inches. Any gates within such kennel or structure shall be lockable and of such design as to prevent the entry of children or the escape of the dog, and when the dog is confined to such kennel or area and unattended, such locks shall be kept locked. The kennel may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects. (f) Upon probable cause, an enforcement officer may either arrest or issue a summons and citation to the owner for violation of subsection (a). Section 4-20. Complaint and summons or other form of citation; seizure; relinquishment of ownership. (a) Upon finding probable cause to believe that there has been an "attack" as defined in section 4-1, an enforcement officer may, in addition to arresting or issuing a complaint and summons or other form of citation to the owner pursuant to section 4-19, have the dog seized and impounded if the dog is posing an imminent threat to human beings or to other animals. Such impoundment may be at the premises of a licensed veterinarian or at a commercial kennel. All expenses of the boarding and retention of the dog shall be borne by the owner. (b) If a dog is seized and impounded pursuant to this section, the complaint and summons or other form of citation shall notify the owner that if the owner does not appear at the time and place stated in the complaint and summons or other form of citation, the dog shall be subject to relinquishment pursuant to subsection (d). (c) Any person who refuses to surrender a dog that is subject to relinquishment pursuant to this section shall be guilty of a petty misdemeanor and fined not less than $200 nor more than $1,000, imprisoned not more than thirty days, or both fined and imprisoned. (d) In the event that the owner of a dog seized and impounded pursuant to this section fails to appear in court as required, ownership of the dog shall be deemed relinquished and the court may order disposition of the dog as it deems appropriate. (e) Notwithstanding any relinquishment of ownership of the dog pursuant to subsection (d) or voluntary relinquishment of ownership of the dog, the owner shall still be responsible for all expenses of boarding the dog and any penalties which may be imposed by the court. Section 4-21. Dangerous dogs may be slain. (a) If any dangerous dog shall be found running at large and cannot be taken up or tranquilized and impounded, such dog may be slain by any officer or agent authorized to perform any duty under this chapter. E