§ 90.26  DETERMINATION AND RESTRAINT OF DANGEROUS ANIMALS.
   (A)   The Chief of Police or his designee shall upon receipt of reliable information make a determination that an animal is a dangerous animal. Notice of the determination shall be personally delivered or shall be sent by certified letter to the owner of harborer. The owner or harborer of the animal may, within five days of receipt of notice, request a detention hearing by requesting the same, by written request, to the Mayor. If the owner or harborer does not make such written request within five days as set forth herein, the animal determination shall be conducted in the following manner:
      (1)   A determination hearing shall be conducted by the Mayor or his designee whenever there is cause to believe that the animal may be a DANGEROUS ANIMAL as defined in § 90.01. The hearing shall be conducted within five days of serving notice to the owner of harborer, by certified letter.
      (2)   Pending the outcome of such a hearing, the animal must be securely confined in a humane manner either on the premises of the owner or harborer, with a licensed veterinarian or confined by the city.
      (3)   The Mayor shall determine whether to declare the animal to be a dangerous animal based upon the evidence and testimony presented at the time of hearing by the owner; witnesses to any incident(s) which may be considered germane to such a determination, Health Department personnel, Animal Control personnel, police or any person possessing information pertinent to such determination.
      (4)   The Mayor shall issue written finding within five days after the determination hearing. The owner or possessor of the animal found to be dangerous by this hearing has the right to appeal the decision within three days of receiving such decision to the City Clerk's office.
      (5)   If the owner or harborer of any animal subject to this section shall desire that a panel be appointed to make the determination, the owner or harborer shall give written notice to the Clerk Treasurer no less than 24 hours before the aforementioned designated hearing. Upon proper notification, a panel consisting of the Mayor, the Chief of Police, the President of the Common Council, a member of the Board of Public Works, and a duly licensed veterinarian or his duly appointed representative shall comprise the panel to make the determination and enforcement of the provisions of this section.
   (B)   Pending the aforementioned appeal, if applicable, the owner of harborer of a dangerous animal shall restrain the animal in the following manner:
      (1)   While on the owner or harborer's property, a dangerous animal must be securely confined indoors or in a securely enclosed and locked pen or structure must have minimum dimension of five feet by ten feet and must have secure sides and secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the animal.
      (2)   A dangerous animal may be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six feet in length and under the control of a responsible person. Muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any person or animal.
(Ord. 573, passed 9-10-07)  Penalty, see § 90.99