(a) Determination of . A city or other law enforcement official shall determine that an animal is a if the officer believes, based upon the officer’s professional judgment, that an animal:
(1) Has, when unprovoked, inflicted bites on a human or on public or private property;
(2) Has, when unprovoked, chased or approached a , including a on a bicycle, upon the streets, sidewalks or any public or private property, other than the animal property, in an apparent attitude of attack; or
(3) Has known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or .
(b) Notice of . Upon a determination by a city or other law enforcement official that an animal is pursuant to state law or subsection (a) above, the city shall provide a notice of (“notice”) to the of the animal by mailing or personally serving the of record, or by posting a copy of the notice at the place where the animal is kept, or by delivering it to a of suitable age residing on that property. Service upon any shall be effective as to all . The notice shall include the following:
(1) A description of the animal deemed to be ;
(2) The factual basis for that determination;
(3) The identity of officer who has made the determination;
(4) An order that the have a microchip implanted in the animal for identification and provide the city with the name of the microchip manufacturer and the serial identification number of the microchip implanted within 30 days of the date of service;
(5) An order that the provide the city with written notice of any relocation of the animal from its current residence, providing any new full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership;
(6) The criminal penalties for violation of the requirements pertaining to ;
(7) A statement informing the of the right to appeal the officer’s determination within 14 days from the date of the notice was served in the manner set forth at subsection (c) below;
(8) A statement informing the that failure to serve a timely appeal will terminate the right to a hearing under this section;
(9) A statement that even if a timely appeal is made, the must nonetheless immediately comply with the requirements of subsection (d) below, except the requirement to microchip the animal, until such time as the administrative law judge issues an opinion;
(10) A statement that in the event that the determination is upheld by the administrative law judge, the actual expenses of the hearing, up to a maximum of $1,000, will be the responsibility of the ;
(11) A statement that all the city’s actual costs of the care, keeping and disposition of the animal are the responsibility of the claiming an interest in the animal, except to the extent that an administrative law judge finds that the seizure or impoundment was not substantially justified by law; and
(12) A form by which an may appeal the determination that the animal is .
(c) Appeal of the dog designation. Within 14 days of the date the notice as served, an may request an appeal of that determination by completing the process described in § 12.106(e) of the code and make payment of a $200 fee towards the cost of the hearing. The hearing procedure is set forth in § 12.106(f) of this code.
(d) Requirements. It shall be the joint responsibility of each of any animal kept or harbored within the city and determined to be under this section of the code or under the provisions of a substantially similar local or state law to have a microchip implanted in the animal for identification and provide the city with proof thereof, including the name of the microchip manufacturer and its serial identification number, within 30 days of any receipt of the notice of or within ten days of the animal’s location within the city, whichever occurs first. It shall also be the joint and several responsibility of each of any kept or harbored within the city to provide the city with written notice of any intended relocation of the animal from its current residence and provide any new full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership.
(Ord. 2010-28, passed 11-1-2010; Ord. 2012-3, passed 2-6-2012)