ARTICLE 2.800 GUARD DOGS

Sec. 2.801 Definitions Applicable to This Article

Guard Dog. Is any dog that is utilized to protect commercial property, as defined below.

Commercial Property.

(1) Is a portion of land and/or buildings zoned for, or utilized for commercial business uses in the city, including temporary sites.

(2) Is any vehicle utilized for commercial business purposes in the city.

Handler. Is a person who is responsible for and capable of controlling the operation of a guard dog.

Housing. Is any location where the guard dog is kept when not utilized for protection purposes.

Anti-Escape. Is any housing, fencing, or a device which the guard dog cannot go over, under, through or around.

(1977 Code of Ordinances, Chapter 3, Article 5, Section 11A)

Sec. 2.802 Guard Dog Permits

(a) A separate guard dog permit application must be made for each dog on commercial property where guard dogs are to be used or where dogs are to be kept, boarded, bred, sold, let for hire, or trained for a fee for guard dog purposes. Procedures for permit application, for inspection of guard dog facilities, and for issuance of dog identification tags, will be established by the director of the department of public safety. Permits for both permanent and temporary locations may be transferred to a new location operated by the same business firm during the permit year. However, such transfers shall not be effective until an animal control officer has inspected and approved the required facilities at the new location and the information required below for permit applications has been recorded.

(b) Advance notification of three (3) working days to the director of public safety shall be required for permit transfers.

(1) The business name, address and telephone number of the commercial property where guard dogs are to be used.

(2) The name, address and telephone number of the dog's handler who can be reached at any time during the day or night.

(3) The number of dogs to be used and a general description of their use.

(4) The location where dogs are to be housed; and

(5) Any other information that the director of public safety reasonably deems necessary for the enforcement and administration of this article. Permit holders shall immediately notify the director of public safety if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued.

(d) An animal control officer shall inspect the facilities where the guard dog is to be used and housed at the time the guard dog permit is applied for and when it is renewed.

(e) If the inspection reveals that the requirements of this article are met, a permit fee established by resolution of the city council for each approved commercial property shall be paid to the city and a special guard dog identification tag shall be issued by the animal control officer. The permit shall be displayed at the approved commercial property and an identification tag shall be affixed to the collar for each dog used. Nothing in this article shall exempt guard dogs from any of the other provisions of this chapter.

(f) Each permit shall be valid from the date of issuance until the 31st day of December of the year for which the permit was issued. The renewal fee shall be established by resolution of the city council.

(g) Each permit must be obtained prior to housing or utilizing guard dogs at the commercial property.

(h) Each dog covered by this article shall be issued a tag varying in color from the standard city license tag. Said tag shall be attached to the collar or harness of the dog at all times and shall bear the words "Guard Dog" or "Attack Dog."

(i) The area of premises in which such dog is confined shall be conspicuously posted with warning signs bearing letters not less that two inches (2") in height, stating "Guard Dog on Premises."

(1977 Code of Ordinances, Chapter 3, Article 5, Section 11B)

Sec. 2.803 Exclusions

Dogs which are used to protect the property of their owner's private residence shall be excluded from the provisions of this article unless said residence is located on premises utilized for commercial purposes. (1977 Code of Ordinances, Chapter 3, Article 5, Section 11C)

Sec. 2.804 Unlawful Acts and Revocation of License

It shall be unlawful for any owner or person in control of any guard dog to keep or permit the same in or about any public house, public place, street, or alley of the city. The director of public safety shall have the authority to revoke the dog license of an owner of a dog which is determined to be vicious, in accordance with the provisions of the Code of Ordinances for the City of Watauga. (1977 Code of Ordinances, Chapter 3, Article 5, Section 11D)