A. The animal control officer may declare a dog to be a dangerous dog if, upon investigation of any complaint, incident or information otherwise provided, the animal control officer finds that:
1. The dog has, whether or not under control, aggressively bitten any person, domestic animal or fowl or maliciously damaged or destroyed personal property of another; or
2. The dog has been declared dangerous, vicious or other similar declaration by any governmental authority.
B. If the animal control officer makes such declaration, the animal control officer shall notify the owner or harborer of the declaration and the manner and time limits in which an appeal of the declaration may be taken. Such notice shall be in writing and served by: 1) personal service; or 2) regular first class U.S. mail addressed to the last known mailing address of the owner or harborer as shown by the records of the city clerk-treasurer, with service being effective on the date of mailing.
C. The animal control officer may impound any dog declared to be dangerous, including, but not limited to, impounding of the dog during the pendency of any appeal proceeding. The owner and harborer of the dog shall be liable for all costs and fees of impoundment regardless of the final disposition of the case.
D. The owner or harborer of a dog declared dangerous shall have five (5) business days from the date of service of the written declaration to request a hearing appealing the declaration. The request for hearing shall be in writing, identify the name, address and telephone number of the requesting party, and shall be served upon the city clerk-treasurer within the time limit above provided. In the event no hearing is requested within the time and in the manner above provided, the animal control officer may dispose of the dog as provided by section 6.04.100 of this chapter without further notice to the owner or harborer.
E. If a hearing is requested, a hearing shall be held within seven (7) days of the date the request for hearing is received by the city clerk-treasurer, or at such other time as is agreed to by the requesting party.
1. The mayor and two (2) city council members appointed by the mayor shall constitute the hearing panel and shall hear the appeal. The hearing shall be informal and the Idaho rules of evidence shall not apply. The owner, harborer and the animal control officer or other representative of the city shall be given the opportunity to submit evidence, present witnesses and be heard on the matter, including the right of cross examination.
2. In determining whether the dog is dangerous, the hearing panel may consider, among other evidence, past incidents, provocation for the dangerous behavior, whether the conduct occurred on the premises where the dog was harbored, the legal status of the alleged victim on the premises and any other fact or allegation relating to the incident from which the declaration arises.
F. If the hearing panel shall find that the declaration was proper, the hearing panel shall either:
1. Direct the animal control officer to dispose of the dog as provided by section 6.04.100 of this chapter; or
2. Direct that the dog may be released to the owner or harborer on such conditions as the hearing panel shall deem in the best interest of the city, which may include, but not be limited to:
a. That the dog will be removed from the city limits immediately following release and not allowed to return,
b. Requiring the owner or harborer to take steps sufficient to confine the dog in a manner to prevent harm to the public, and
c. Requiring the owner and harborer to provide a surety bond or proof of liability insurance for compensation of those who may suffer injury by reason of harboring of a dangerous dog.
G. The decision of the hearing panel shall become final unless the decision is appealed to the district court within three (3) days following the date of decision. (Ord. 151 § 2, 1996)