(a) The Animal Warden shall hold the position established by the Municipal Employee Classification Plan and Compensation Schedule and shall be appointed by the Director of Public Safety. The Animal Warden shall not be on the classified list of the Division of Police, nor eligible for participation in the Police Pension and Disability Fund.
(b) It shall be the duty of the Animal Warden, and he shall have the authority, to enforce the provisions of this chapter and the laws of the State relative to the licensing, impounding, boarding and disposition of animals, livestock or poultry within the corporate limits; however, no police or other officer of this City, charged with the responsibility of enforcing the ordinances of this City and the laws of this State, shall be relieved of such responsibility.
(c) In addition to the other duties enumerated herein, the Animal Warden shall receive and investigate complaints about "dangerous dogs" and "vicious dogs" as defined in Section 905.01. In addition to those criteria set forth in the definition section herein, the Animal Warden may, in making a determination as to whether or not an animal is a dangerous or vicious animal, consider the following evidence:
(1) Any previous history of the animal attacking, biting or causing injury to human beings or domestic animals. As used in this section, "bite" means any penetration of the skin by the teeth of such animal.
(2) The nature and extent of all injuries inflicted and the number of victims involved in any attack by the animal.
(3) The place where the bite, attack or injury occurred.
(4) The presence or absence of any provocation for the bite, attack or injury.
(5) The extent to which clothing or other property was damaged or destroyed.
(6) Whether or not the animal exhibits any characteristic of being trained for fighting or attack, or other evidence to show such training or fighting.
(7) Whether or not the animal exhibits characteristics of aggression or unpredictable temperament or behavior in the presence of human beings or domestic animals.
(8) The manner in which the animal has been trained, handled and maintained by its owner or custodian.
(9) Any other relevant evidence brought to the attention of the Animal Warden concerning the animal.
(10) Any other relevant evidence brought to the attention of the Animal Warden regarding the ability of the owner or custodian to protect the public safety if the animal is permitted to remain in the City.
(d) Where the Animal Warden, upon complaint and investigation finds that an animal is a dangerous or vicious animal, the Animal Warden shall cite the owner, keeper or harborer of such animal to court for violation of Section 905.06 of this chapter. Such citation shall be in the form provided for in Section 905.07(f).
(e) The Animal Warden shall be provided with a badge designating his office, and such other uniform, vehicles and equipment necessary to carry out his duties; however, any vehicles used for picking up and impounding animals, livestock or poultry shall be clearly marked on both sides with the following: "Animal Warden".
(f) In the exercise of his duties, the Animal Warden is hereby authorized to issue, on a form provided by the City, a citation to any person found by him to be in violation of Chapter 905 of the Codified Ordinances of the City, containing a notice to answer the charge against him in the Berea Municipal Court on a date at least five days after the alleged violation. The Animal Warden shall cause the original of the notice to be filed with the Court, a duplicate copy to be filed with the record section of the Police Department, and shall retain a duplicate copy in a file maintained by him. The citation shall include pertinent information and shall be sworn to as required by the general laws of the State in respect to a complaint charging commission of the offense alleged in the citation to have been committed.
(Ord. 90-158. Passed 9-17-90.)