(A) Any dog determined to be vicious by the animal control officer may be destroyed if:
(1) Written appeal of the determination that the dog has been found to be vicious is not made to the chief of police within five calendar days from receipt, by the owner, of the notice of such determination and that such animal is to be destroyed;
(2) After written appeal by the owner of such animal it is determined by the police chief that the animal is or remains a substantial danger to the public health, safety and welfare of the community and should be destroyed; or
(3) The owner of such animal fails or refuses to destroy the animal as requested by official notice or order of the animal control officer or the chief of police (if the case has been appealed to the chief of police).
(B) The owner of the vicious animal shall have the opportunity for a hearing if the owner tiles a written request with the chief of police within five days of receiving written notice of intent to destroy. The owner will be granted a hearing within ten days of receipt of a request for hearing. If no request for a hearing is received the animal will be destroyed.
(C) A notice as required in these rules is properly served when it is delivered to the owner, caregiver or possessor of the animal, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the owner, caregiver or possessor of the animal. A copy of the notice shall be filed in the records of the Police Department.
(D) The Chief of Police shall conduct the hearings provided for in these rules at a time and place designated by the chief of police. Based upon the recorded evidence of such hearing, the chief of police shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the owner or caretaker by the animal control officer.
(E) Any person refusing to relinquish a vicious animal for destruction shall upon conviction be punished by fine as provided in § 10.99. If the violation is continuing, each day shall be deemed a separate offense.
(Ord. 762, passed 7-20-09)