(A) Procedure: declaring an animal to be vicious.
(1) If the Animal Control Warden has reason to believe that an animal is vicious, the Animal Control Warden may conduct such investigation as he deems necessary regarding the matter. After the investigation, the Animal Control Warden may convene a hearing for the purpose of determining whether the animal shall be declared vicious. The Animal Control Warden shall provide reasonable notice of the hearing to the owner.
(2) Prior to the hearing, if the Animal Control Warden has probable cause to believe that an animal is vicious and may pose a threat to public safety, the Animal Control Warden may obtain a search warrant pursuant to the laws of this jurisdiction and impound the animal pending disposition of the case. The owner of the animal shall be liable for the cost and expenses of keeping the animal at the Animal Shelter. The owner shall pay on the first day of detention of the animal the full amount of costs for 15 days of impoundment as the animal is held pending hearings and appeals.
(3) The hearing shall be held no less than five and not more than 20 days, excluding holidays, Saturdays, and Sundays, after service of notice upon the animal's owner. The hearing shall be informal and open to the public. The owner shall have the opportunity to present evidence as to why the animal should not be declared vicious and why it would not pose a threat to public safety if returned to its owner. The Animal Control Warden may present all issues for or against the owner of the animal regardless of whether the owner appears at the hearing.
(4) Within ten days after the hearing, the Animal Control Warden shall make a determination of whether or not the animal is vicious and shall notify the owner in writing of the determination.
(5) The owner may, within five days after a determination that an animal is vicious, seek an appeal of the determination before the Animal Control Review Panel. An appeal is initiated by delivering to the Animal Control Warden a written request for an appeal. During the pendency of the appeal, the owner must comply with the requirements for owning vicious animals, set out in § 94.04.
(6) A decision by the Animal Control Review Panel overturning the Animal Control Warden shall result in the return of the animal to the owner.
(7) If, after an animal is determined vicious, additional incidents which identify the animal as vicious occur, the Animal Control Warden may request a court order to humanely euthanize the animal.
(B) Animal Control Review Panel.
(1) The Animal Control Review Panel (or "Panel") shall decide appeals of determinations of the Animal Control Warden.
(2) The Panel shall consist of three members, appointed on a case by case basis; two shall be appointed by the Town Council President or his designee and one shall be appointed by the Chief of Police or his designee. An officer involved in the apprehension of the potentially vicious animal may not serve on the Panel when it considers an appeal regarding that animal.
(C) Public complaints of regarding vicious or public nuisance animals. Any person may file a complaint with the Animal Control Warden or the Bargersville Police Department that a particular animal harbored within the town is a vicious animal or a public nuisance animal. An officer thereafter shall investigate complaint, which may include, but not be limited to, discussions with the owner and others regarding such complaint.
(Ord. 2017-14, passed 7-11-2017)