(A) The city Police Department shall serve notice upon owner that he or she is believed to be in violation of § 98.065 for keeping, harboring, or possessing within city limits a pit bull dog.
(B) The owner shall have five days from the date of receiving notice to inform the city Police Department, in writing, on whether the owner does or does not believe that his or her dog is defined within § 98.065(B).
(D) If the owner responds that the dog is not a breed of dog under defined in § 98.065(B), the dog shall be DNA tested by DNA testing facility approved by city, at the owners expense so that the dogs specific breed or mix of breed is accurately determined.
(E) If DNA testing confirms the dog to be a pit bull dog as defined in § 98.065 (B) the owner will be cited and the city Police Department will issue a 24-hour written notice to the owner to remove the dog from the corporate city limits.
(F) If the owner refuses to remove the dog from the city limits, pursuant to the 24- hour notice, and the dog is not being properly maintained by the owner, pursuant to §§ 98.067, 98.068 and 98.069, the Police Department shall pick up and confiscate the dog for the safety and welfare of the public until trial is held on the owner's citation.
(G) If DNA testing confirms the dog is not a pit bull dog as defined herein, the city will reimburse the owner for the cost of the DNA testing.
(H) A dog determined to be a danger to the public by the City Police Chief or his/her designee shall be immediately impounded for the protection of public health or safety.
(I) The owner of the dog immediately impounded, pursuant to this section, shall be notified of the impoundment by certified mail or personal service within five business days after the dog's impoundment. Said notice shall include reason for impoundment.
(J) The owner shall provide a showing to the city Police Department that the reason for impoundment has been corrected by the owner and that the owner is in compliance with all city licensing requirements and City Code regulations.
(K) Any person who fails to surrender an animal to an individual identifiable as a city police officer, law enforcement office, or an Animal Control Officer upon demand, so that the animal can be impounded as provided by City Code, commits an offense.
(Ord. 48-11, passed 12-27-2011)