(A) Impoundment. A dangerous animal which has been captured and impounded by a law enforcement officer or animal control agent shall remain impounded subject to the requirements of this section.
(B) Euthanization of dangerous animals. A dangerous animal which has been impounded shall be euthanized if:
(1) The owner fails to request a hearing before the board of works pursuant to division (C) of this section within five days after having been notified of the impoundment;
(2) The owner waives in writing all ownership interest in the dangerous animal; or
(3) The owner cannot be identified or located, and the animal remains unclaimed for three days after having been impounded.
(C) Hearings and appeals. If an owner makes a timely request for a hearing pursuant to division (B)(1) of this section, the Board of Works shall conduct a public hearing.
(1) At such hearing, a law enforcement officer, animal control officer or animal control agency shall present evidence supporting a determination that the animal is a dangerous animal, and the owner shall have the opportunity to confront and cross-examine the witnesses supporting such determination, and to present evidence opposing the determination.
(2) Following the hearing, the Board of Works shall make a finding by a preponderance of the evidence presented at the hearing whether the animal is a dangerous animal.
(3) If the Board of Works determines that the animal is not a dangerous animal, it shall order the animal released to the owner, subject to the requirements of § 91.11(D)(1) of this chapter.
(4) If the Board of Works determines that the animal is a dangerous animal, the animal shall be retained by an animal control agency and must be permanently removed from the corporate limits of the City of Crawfordsville within three days after said determination, with the costs of keeping and removing the animal all to be at the owner’s expense.
(Ord. 18-2011, passed 8-22-11)