An animal may be identified as vicious in the following manner:
(a) The Animal Control Officer may determine, based on his or her observation or investigation, or a verified complaint from persons who have observed the animal and consideration of any applicable mitigations, that the animal is vicious. Where the animal has been identified as potentially dangerous, and the owner has failed to meet any of the requirements of this Chapter, the Animal Control Officer shall determine that the animal is vicious upon a subsequent complaint or his or her observation;
(b) Where the Animal Control Officer makes such a determination, he or she shall set a hearing on such determination and on the seizure and impoundment of the animal pending or based upon such determination;
(c) Notice and hearing shall be given as set out in Sections 10.36.020, 10.36.030 and 10.36.040. The notice shall include the facts which are the basis of the complaint and of the restrictions which will apply to the animal including possible euthanasia if it is classified as a vicious animal; or
(d) If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued. If the hearing is held as a result of a complaint, at least one of the complainants shall appear and testify at the hearing or the action shall be dismissed. The decision may be appealed as set out in Section 10.01.020.
(32-12/92 S 10.12.090) (Am. Ord. 181, passed 5-1-2019)