(A) An Animal Control Officer shall investigate incidents or complaints involving dogs that may be dangerous/vicious. For the purposes of this subchapter, a dangerous/vicious dog is one that:
(1) Has aggressively bitten, attacked, or has otherwise inflicted injury on a human being;
(2) Has severely injured or killed a human being; or
(3) Has been used primarily, or in part, for the purpose of dog fighting.
(B) If the Animal Control Officer makes an initial determination that a dog should be classified as dangerous/vicious, then:
(1) The Animal Control Officer shall take possession of the dog and transport it to the Collierville Animal Shelter where it shall be held until a final determination by a Court;
(2) The Animal Control Officer shall issue a mandatory ordinance summons summoning the owner or custodian of the dog to the Town of Collierville Municipal Court and giving notice of the code section(s) violated; and
(3) The Town shall immediately provide written notification by registered or certified mail to the owner, authorized handler, or custodian of the dog of the initial determination that the dog has been declared dangerous/vicious. The dog shall remain at the Collierville Animal Shelter (or authorized veterinary clinic) until judicial ruling is made.
(C) Any owner of a dog involved in any bite incident that causes a physical injury to a human that results in broken bones, punctures, or laceration wounds shall surrender that animal to the Town of Collierville for observation for rabies and safe keeping for a period of not less than 10 days or until final determination of the Court.
(D) The decision of the Court regarding whether the dog is dangerous/vicious shall be final, and may include an order to euthanize the dog. While the dog is in the custody of the Town, and at 30-day intervals, the owner must pay accumulated fees at the then current rate. Failure to promptly pay these fees may result in euthanization of the animal. However, at the owner's request and expense, the dog may be kept at a licensed veterinary clinic upon:
(1) Written statement to the Animal Care Services Supervisor that the dog will be boarded in a private, licensed veterinary clinic; and
(2) The posting of a bond with the Town of Collierville, in an amount to be established by resolution by the Board of Mayor and Aldermen, to insure compliance pending any and all court appearances.
(E) A dog shall not be classified as dangerous/vicious if:
(1) The person who sustained the threat, injury, or damage was at the time of the incident committing a crime; or
(2) While lawfully on the property, the person who sustained the threat, injury or damage was tormenting, abusing, provoking, or assaulting the dog or its owner or handler.
(F) Failure of an owner to respond to a summons issued pursuant to this section shall result in the animal being automatically declared an abandoned dangerous/vicious dog pursuant to § 94.64 and forfeiture of the bond established in this section.
(Ord. 2003-17, passed 9-8-03)