As an alternative to the procedures set forth under § 91.131(A), the Director, or his/her designee, shall have the authority to do all of the following procedures. If at any time during the process under this section, the Director determines that a dog is an immediate threat to public safety and welfare, the Director shall impound the dog and proceed under § 91.131.
(A) Upon observation of an at-risk dog by an Animal Control Officer, or upon receipt of a complaint of an at-risk dog, the identity of the owner shall be determined. If the identity of the dog's owner cannot be determined, the dog shall be immediately impounded.
(B) If the dog's owner can be identified, the Animal Control Officer shall investigate the circumstances of the complaint. If the Animal Control Officer finds sufficient reason to believe that the dog is a dangerous dog as defined in this chapter, the dog shall be immediately impounded pending a final determination by the Director. If the Animal Control Officer finds sufficient reason to believe that the dog is a potentially dangerous dog as defined in this chapter, the dog may be returned to the owner provided that (1) the dog is not an immediate threat to public safety and welfare; and (2) the owner signs an acknowledgment on a form provided by CAC that he/she is the dog's owner, and that the owner will confine the dog to the owner's property pending a final determination by the Director. If the owner(s) fail or refuses to sign such an acknowledgment, the dog shall be immediately impounded pending a final determination by the Director.
(C) The Director shall forthwith determine if the dog under investigation is a dangerous dog or a potentially dangerous dog as defined in this chapter.
(D) If an at-risk dog under investigation has previously been classified as a potentially dangerous dog and exhibits escalating aggressive behaviors which threaten public safety or welfare, that circumstance alone may be grounds for an Animal Control Officer to impound the dog, and for the Director to determine that the dog is a dangerous dog.
(E) If the Director determines that a dog under investigation is a dangerous dog or a potentially dangerous dog as defined in this chapter, the Director shall notify the owner of the dog in writing, either in person or by certified mail and a return receipt or other method of confirmed delivery which shows the date and place delivered. The notice shall advise the owner of (1) the provisions of this chapter relating to the requirements for ownership of a dangerous dog or a potentially dangerous dog; and (2) the owner's right to appeal the Director's determination to the Town Manager together with the process for filing an appeal.
(F) If the owner of a dog which the Director has declared to be a dangerous dog or a potentially dangerous dog is unknown, the dog shall not be released from impoundment except under conditions which comply with § 91.133.
(G) The owner of a dog which has been declared a potentially dangerous dog may petition the Director for removal of the classification if a period of 18 months has passed since the Director's determination without a complaint or incident of a violation of this chapter involving the dog. As a condition of reclassification, the Director may require the owner, at the owner's sole expense:
(1) Assign the dog to complete an obedience class designated by the Director.
(2) Have the dog evaluated by an animal behavior specialist approved by the Director.
(Ord. 2020-G-3, passed 6-16-20)