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(a) Potentially dangerous animal prohibited. It shall be unlawful for any owner to possess, care for, keep, maintain, or harbor a potentially dangerous animal.

(b) Aggressive animal prohibited. It shall be unlawful for any owner to possess, care for, keep, maintain, or harbor an aggressive animal.

(c) Dangerous animal prohibited. It shall be unlawful for any owner to possess, keep, care for, maintain, or harbor a dangerous animal.

(d) Unknown owner. If the animal meets the definition of potentially dangerous animal, dangerous animal, or aggressive animal, and the identity of the owner of the animal cannot be reasonably determined, the animal shall be immediately seized and impounded. Any animal impounded that is not claimed within a five-business-day period of impoundment will be deemed to have been surrendered to the Aurora animal services division.

(e) Penalty. Any owner who is convicted of having a potentially dangerous, dangerous, or aggressive animal shall be subject to the penalty provisions as provided in section 1-13.

(f) Keeping of a potentially dangerous animal. After an owner has been adjudicated by the Aurora municipal court as having a potentially dangerous animal, as a condition of returning the potentially dangerous animal to the owner, the court shall order the owner:

(1) To apply for a potentially dangerous animal permit within five business days of the date of a conviction, and maintain and comply with the conditions of the permit and this section at all times, until the court waives the potentially dangerous animal determination;

(2) Not permit the potentially dangerous animal to run at large or leave the owner's property unless the animal is securely leashed and muzzled; and

(3) To spay or neuter the potentially dangerous animal and provide proof of sterilization to the Aurora animal services division within 14 calendar days of the court's order.

In addition to any other penalty or condition imposed by the court for violating this section, the court may revoke the potentially dangerous animal permit and order the surrender of the animal to the Aurora animal services division if the court finds sufficient evidence the owner has not complied with all the conditions or restrictions ordered by the court or has otherwise violated any other provision of this chapter. The owner of an animal ordered surrendered to the Aurora animal services division is subject to the surrender requirements as provided in section 14-4.

(g) Waiver of the potentially dangerous animal determination. The owner of a potentially dangerous animal may apply to the Aurora animal services division manager to have the declaration waived after two years upon meeting the following conditions:

(1) The owner of the potentially dangerous animal has not been convicted of violating any provision of this chapter, other than one conviction of keeping barking dogs, for the previous two years; and

(2) The owner of the potentially dangerous animal has complied with all the court-ordered provisions, the provisions of this section, and the provisions of the potentially dangerous animal permit for the previous two years; and

(3) The owner provides proof to the Aurora animal services division manager of successful completion of a behavior modification program administered by a certified pet dog trainer, certified dog behavior consultant, or veterinary behaviorist, certified through the American College of Veterinary Behaviorists or equivalent training.

The Aurora animal services division manager shall forward the waiver request to the Aurora municipal court for a hearing to waive or rescind the potentially dangerous animal declaration.

(h) Keeping of a dangerous animal. After an owner has been adjudicated by the Aurora municipal court as having a dangerous animal, as a condition of returning the dangerous animal to the owner, the court shall order the owner to apply for a dangerous animal permit within five business days of the date of a conviction, maintain and comply with the conditions of the permit and this section at all times, until the court waives the dangerous animal determination. The following conditions and requirements shall be part of the court's order to release the dangerous animal to its owner.

(1) Enclosure. Whenever outside of a residential structure the owner shall keep the animal in a locked proper enclosure; and

(2) Leash. No owner of a dangerous animal shall allow the animal to exit its residential structure or proper enclosure unless the animal is securely attached to a leash not more than four feet in length and held by a person who is both over the age of 18 and who has the physical ability to restrain the animal at all times. No owner shall keep or permit the animal to be kept on a chain, rope or other type of leash outside its residential structure or proper enclosure unless a person capable of controlling the animal is in physical control of the leash; and

(3) Muzzle. When a dangerous animal is outside of its residential structure or proper enclosure the animal must wear a properly fitted muzzle to prevent the animal from biting humans or another animal. Such muzzle shall not interfere with the animal's breathing or vision. It shall be unlawful for any owner of a dangerous animal to allow the animal to be outside of its residential structure or proper enclosure without wearing a muzzle; and

(4) Confinement. Except when leashed and muzzled as provided in this subsection, a dangerous animal shall be securely confined in a residential structure or confined in a locked proper enclosure; and

(5) Indoor confinement. No dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such house or structure on its own volition. In addition, no dangerous animal shall be kept in a house or structure when window screens, screen doors or wire screen doors are the only obstacle preventing the animal from exiting the house or structure; and

(6) Signs. All owners of dangerous animals shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog"; and

(7) Liability insurance, surety bond. Subject to judicial discretion, the court may require the maintenance of either a homeowner's, condominium, or renter's insurance policy as applicable with a policy minimum of $100,000; and

(8) Identification photographs. All owners of dangerous animals must within 10 calendar days of a determination the animal is dangerous provide the Aurora animal services division with two color photographs of the registered animal clearly showing the breed, color and approximate size of the animal; and

(9) Microchip. All owners of dangerous animals shall microchip the dangerous animal within 10 calendar days of a determination the animal is dangerous and provide the microchip information to the Aurora animal services division to register the animal as dangerous; and

(10) Spaying/neutering. All owners of dangerous animals, if not already so treated, shall spay or neuter the animal within 14 calendar days of a determination the animal is dangerous and provide proof of the sterilization to the Aurora animal services division; and

(11) Sale or transfer of ownership. No owner shall sell, barter or in any way dispose of or transfer a dangerous animal registered with the city as a dangerous animal to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the owner of the dangerous animal. The owner of a dangerous animal may sell or otherwise dispose of a registered dangerous animal to a person(s) who does not reside within the city if the owner transferring the animal discloses the animal has been declared to be a dangerous animal by the Aurora municipal court to the person who wants to be the animal's new owner and has the new owner of the dangerous animal read and sign a "liability waiver" provided by the Aurora animal services division. The owner who transfers ownership of the animal shall immediately notify the Aurora animal services division of any change of ownership of any dangerous animal and provide the liability waiver signed by the new owner to the Aurora animal services division. It shall be unlawful for an owner not to follow the requirements of this subsection if the owner sells, barters, transfers or in any way disposes of a dangerous animal; and

(12) Immediate notification. The owner of a dangerous animal shall immediately notify the Aurora animal services division if the dangerous animal escapes from its proper enclosure or restraint and is at large. The owner of a dangerous animal shall immediately notify the Aurora animal services division if the dangerous animal bites or attacks a person or domestic animal; and

(13) Failure to comply. It shall be a separate offense to fail to comply with any of the conditions or restrictions in this subsection. Any violation of this subsection shall result in the owner being charged with violating this subsection (h), and the animal being subject to immediate seizure and impoundment; and

(14) Copy of conditions. The owner shall be provided with a document setting forth all these requirements.

In addition to any other penalty or conditions imposed by the court for violating any provision of this subsection the court may revoke the dangerous animal permit and order the surrender of the animal to the Aurora animal services division if the court finds sufficient evidence the owner has not complied with all the conditions or restrictions ordered by the court, the dangerous dog permit, this section, or has otherwise violated any other provision of this chapter. The owner of an animal ordered surrendered to the Aurora animal services division is subject to the surrender requirements as provided in section 14-4.

(i) Waiver of the dangerous animal determination. The owner of a dangerous animal may apply to the Aurora animal services division manager to have the declaration of dangerous animal waived after three years upon meeting the following conditions:

(1) The owner of the dangerous animal has not been convicted of violating any provision of this chapter, other than one conviction of keeping barking dogs, for the previous three years; and

(2) The owner of the dangerous animal has complied with all the court-ordered provisions, the provisions of this section, and the provisions of the dangerous dog permit for the previous three years; and

(3) The owner provides proof to the Aurora animal services division manager of successful completion of a behavior modification program administered by a certified pet dog trainer, certified dog behavior consultant, or veterinary behaviorist, certified through the American College of Veterinary Behaviorists or equivalent training.

The Aurora animal services division manager shall forward the waiver request to the Aurora municipal court for a hearing to waive or rescind the dangerous animal declaration.

(j) Potentially dangerous animal permit and dangerous animal permit. In addition to the conditions listed by this section for such permit, applications for a potentially dangerous animal permit and a dangerous animal permit shall include:

(1) The name and address of the applicant and of the owner of the animal and the names and address of two persons who may be contacted in the case of an emergency.

(2) An accurate description of the animal for which the permit is requested.

(3) The address or place where the animal will be located together with the property owner's written consent or authorization to permit the animal on the property.

(4) A permit fee. In addition to the license fees provided by this chapter, the owner of a potentially dangerous animal or dangerous animal shall pay an annual permit fee. The permit fee shall be established by the city manager in accordance with section 2-587.

(5) The microchip number of the animal.

(6) Proof that the animal has a current rabies vaccination.

(7) Such other information as required by the Aurora animal services division.

(k) Continuation of declaration. Any animal that has been declared aggressive, potentially dangerous, or dangerous, or similar definition by any jurisdiction, shall be subject to the provisions of this section. The person moving into the city owning any animal designated as aggressive, potentially dangerous, or dangerous, by any jurisdiction other than the city, shall notify the Aurora animal services division of the animal's address and the conditions of maintaining the animal ordered by a court within 10 calendar days of moving the animal into the city. The restrictions and conditions imposed by any other jurisdiction for maintaining an aggressive, potentially dangerous, or dangerous animal shall remain in effect and in the event of a conflict between the provisions of this section and the provisions of the other jurisdiction's restrictions or conditions, the more restrictive provision shall control.

(l) Affirmative defense. It shall be an affirmative defense to charges under this section if the actual or intended victim of any prohibited action of an animal under this section made an unlawful entry into the dwelling of the owner.

(m) Guard dogs excepted. Dogs maintained as guard dogs, as defined in section 14-74 and in compliance with such section, shall not be included under this section.

(n) Immediate euthanasia. Nothing in this chapter shall be construed to prevent the immediate euthanasia by an animal protection officer or a police officer of any potentially dangerous or dangerous animal when less drastic methods are not available or effective and when an animal protection officer, a police officer or the animal's owner is unable to promptly and effectively restrain or control the animal. (Code 1979, § 7-4; Ord. No. 2022-10, § 2, 2-28-2022; Ord. No. 2020-55, § 8, 11-2-2020; Ord. No. 2014-23, § 2, 7-28-2014; Ord. No. 2004-52, § 4, 8-23-2004; Ord. No. 97-51, § 5, 10-13-1997)

Editor's note: Ord. No. 2022-10, § 2, adopted Feb. 28, 2022, amended the catchline of § 14-7 to read as herein set out. Section 14-7 formerly pertained to "Keeping potentially dangerous, aggressive, or dangerous animals."