(A) If an animal kills or causes serious injury, the animal shall be deemed a dangerous animal, pursuant to § 90.01, and the animal shall be humanely impounded. The owner shall be responsible for the costs of caring for the animal during the period of impoundment, including but not limited to costs of boarding and veterinary treatment, if necessary. If the owner institutes an appeal to the Board of Public Works and Safety (or the Animal Control Commission, if applicable), and the animal is ultimately determined not to be a dangerous animal, with costs of boarding the animal borne by the owner.
(B) Upon the impoundment of the animal pursuant to this section, the owner shall be given 5 calendar days to appeal the determination that the animal is a dangerous animal pursuant to § 90.01.
(C) If the owner fails to appeal or show proof of a valid dangerous animal permit within five calendar days of impoundment, or if the owner waives in writing all ownership interests in the animal, the owner’s right to possession, title, custody, and care of said animal shall be forfeited, and the animal may be humanely euthanized immediately after the quarantine period.
(D) If the owner’s appeal is denied, the owner shall have five calendar days after the denial to apply for a license pursuant to §§ 90.25 and 90.27 and 14 days after the denial to actually obtain a dangerous dog permit. The failure to apply within five calendar days of the denial constitutes waiver of ownership rights in the animal and the animal may be humanely euthanized immediately after the quarantine period.
(E) The owner of an animal which kills or causes serious injury to a person who is found guilty of criminal trespass as heretofore described shall not be subject to the violation provisions set forth herein.
(F) Due to the overriding public health and safety concerns related to dangerous animals, the provisions of this section are purposely intended to be reasonable regulations, yet may be more restrictive than regulations found in other sections of this chapter.
(G) If a conflict arises between the provisions of this section and other sections of this chapter, the provisions of this section shall prevail due to the public health and safety concerns.
(Ord. 2005-21, passed 5-25-2005; Am. Ord. 2014-1, passed 2-25-2014; Am. Ord, 2019-08, passed 5-21-2019)