(A) Upon receiving a complaint that an animal or reptile has engaged in conduct described herein, the animal control authority shall within five days make a determination whether the animal or reptile is a potentially dangerous animal or reptile as described herein. If the animal control authority determines that the animal or reptile is a potentially dangerous animal or reptile, the animal control authority shall issue to the owner of the animal or reptile an order in accordance with § 90.41 of this chapter which shall be complied with by the owner within 30 days of the date of the order, subject to review by the Board of Public Works and Safety.
(B) Upon receiving an order from the animal control authority, the owner of the animal or reptile may, within five business days after the date of the order, petition the Board of Public Works and Safety seeking review of the determination and order. The Board shall convene a hearing on the petition within ten days of the receipt thereof and shall, at said hearing, either confirm, modify or rescind the order. A decision to rescind the order of the Animal Control Officer shall not affect the authority of the Animal Control Officer to issue subsequent orders to the owner of the animal or reptile based upon the animal’s or reptile’s subsequent behavior.
(C) If the animal control authority has probable cause to believe that an animal or reptile is a potentially dangerous animal or reptile and probable cause to believe that the animal or reptile poses a threat to public safety unless immediately impounded, the animal control authority shall impound the animal or reptile until such time as the owner complies with the terms of the order.
(D) If the owner refuses to allow the animal or reptile to be impounded, the animal control authority may request a warrant for the purpose of taking custody of the animal or reptile and impounding the animal or reptile pending disposition of the case or until the owner has complied with the terms of the order. Failure to comply with the order within the time allowed shall authorize the animal control authority to humanely euthanize the impounded animal or reptile. The owner of the animal or reptile shall be liable for the costs and expenses of keeping the animal or reptile.
(E) If any animal or reptile previously determined to be a potentially dangerous animal or reptile has not exhibited any of the behaviors specified in § 90.35 of this chapter within 36 months of the date of the order determining the animal or reptile to be a potentially dangerous animal or reptile, the owner may request the animal control authority to review the determination; provided, however, even if the animal control authority rescinds the determination, the same animal or reptile may again be declared a dangerous or potentially dangerous animal or reptile if it again exhibits any of the specified behaviors.
(Amended 8-19-2008)