(a) A District Court judge or magistrate shall issue a summons to the owner of an animal to show cause why an animal should not be destroyed, upon a sworn complaint that any of the following exists:
(1) A dog is engaged in lawful hunting but is not under the reasonable control of its owner and does not have a license tag attached to its collar.
(2) An animal, licensed or unlicensed, has destroyed property or habitually causes damage by trespassing on the property of a person who is not the owner of such animal.
(3) An animal is a dangerous animal.
(4) An animal has shown vicious habits or has, without provocation, molested a person when such person was lawfully on a public highway.
(5) An animal, whether duly licensed and wearing a license tag or not, has run at large contrary to this chapter.
(b) Upon the filing of a sworn complaint as provided in this section the judge or magistrate shall order the owner of the animal in question to immediately turn the animal over to a registered animal control shelter, a registered animal protection shelter, a licensed veterinarian, or a boarding kennel properly licensed in the City of Battle Creek, at the owner's option. The animal shall be retained by such authority until a hearing is held and a decision is made for the disposition of the animal, including any appeal period. The owner shall notify the person(s) who retain the animal under this section of the complaint and order. The expense of the boarding and retention of the animal is to be borne by the owner. The animal shall not be returned to the owner in any case until it has a current rabies vaccination and a license as required by law.
(c) After a hearing, the court shall order one of the following dispositions:
(2) If the animal is found to be a dangerous animal under Section 608.23(a)(3) that has caused serious injury or death to a person or another animal, the magistrate or judge shall order the destruction of the animal, at the expense of the owner.
(3) If the court finds that the animal is a dangerous animal under Section 608.23(a)(3) but that did not cause serious injury or death to a person or another animal, but is likely in the future to cause serious injury or death to a person or another animal, or in the past has been adjudicated a dangerous animal, the court may order the destruction of the animal, at the expense of the owner. If destruction is not ordered, the court shall order the animal confined to the premises as provided for in Section 608.23(d) and shall notify the animal control authority for the county in which the complaint was filed of the finding of the court, the name of the owner of the dangerous animal, and the address at which the animal was kept at the time of the finding of the court. The court may also order the owner to comply with one or more of the provisions of Section 608.23(e).
(d) "Confinement to premises" means that the owner must install an escape-proof fence or enclosure, including a top or roof, to ensure that the animal cannot escape or that nonauthorized individuals cannot enter the premises.
(e) In addition to the dispositions ordered by the court in Section 608.23(c) the court may order one or more of the following:
(1) Order the owner to have an identification chip inserted in the animal, at the owner's expense, by or under the supervision of a licensed veterinarian. The microchip identification number shall be provided to Animal Control in writing within seven days of insertion.
(2) Order the owner to have the animal sterilized.
(3) Order the owner to obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the animal.
(4) Order the owner to obtain and maintain current rabies vaccination and a license, as required by law.
(5) Order the owner to pay all costs of boarding and retention of the animal, including medical expenses, that were incurred from the date of the impoundment until the animal is released pursuant to court order, including any time that the animal is retained for the purposes of an appeal period running.
(6) Order the owner to pay the actual costs of the City in prosecuting this matter.
(7) Any other action appropriate to protect the public.
(Ord. 45-83. Passed 10-25-83; Ord. 3-84. Passed 1-24-84; Ord. 02-03. Passed 5-20-03; Ord. 04-2017. Passed 5-16-17.)