§ 462.405. Proper enclosure for dangerous dogs.

(a)

The owner of a dangerous dog must obtain and maintain a proper enclosure to confine the dog and must have posted on the premises a clearly visible warning sign at each entry point that informs both children and adults of the presence of a dangerous dog on the property.

(b)

"Proper enclosure," or a "primary enclosure," means that the dangerous dog is securely and humanely confined on the owner's property within a structure that has four walls, a roof, and floor that protects the animal from weather and is sufficiently ventilated to provide refuge from the heat of the day. The floor shall not be constructed of a grid or slats with openings of more than one-half the width of the animals' feet and unless an appropriately sized solid floor is also provided for the animals to use to stand, sit and lay down, and the floor may not sag under the animals' weight. A proper enclosure must be positioned at a proper elevation to prevent water from running into the structure or remaining in the structure for more than two hours following the water event. A personal residence (house or building) is only considered a proper enclosure for a dangerous dog when adult supervision by the owner or a competent individual acting as the owner's agent is present; if anyone other than direct family members are present, the residence alone is not considered a proper enclosure and a lockable kennel of sufficient size for the dog (with a roof and floor) must be utilized when a person or people other than the owner's immediate family is/are present, or if the dog is left alone in the residence. There must be a locked pen or other enclosure that is designed to prevent the dangerous dog from escaping over, under or through the enclosure (the "primary enclosure"). If the dog is maintained outside, a portion of the owner's property must be fenced with a secured perimeter fence, serving as a secondary enclosure, at least six feet in height providing at least five feet of distance between all sides of the fence and the primary enclosure or of sufficient height and strength for the species to prevent entry by the public and to prevent the dog's escape from the owner's property if the dog escapes from the primary enclosure. Within the perimeter fence, the dog must be humanely confined inside a primary enclosure consisting of a locked pen, kennel or other structure of adequate size that provides protection from the elements. The primary enclosure must not share common fencing with the perimeter fence. The primary enclosure must have secure sides that are securely set into a concrete pad, and it must have a secure top attached to all sides. The primary enclosure must be locked at all times when the dog is unattended by either the owner or a competent custodian 18 years of age or older. It is not considered a proper enclosure to simply tether or otherwise tie a dog to an inanimate object, such as a tree or post, inside a perimeter fence.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 5)