(A) Determination of Dangerous Animals. The animal control officer shall have the authority to determine if an animal is a dangerous animal. In making such determination the animal control officer shall take into consideration the following factors, which are listed by way of illustration and not limitation: the animal's behavior, its size, its temperament, its breed, and its capacity for inflicting serious injury; the adequacy of the enclosure or confinement of the animal, if any; the likelihood that the conditions pertaining to the animal and the animal's confinement are detrimental to the safety or welfare of citizens, or peace and tranquility of citizens, in the immediate surrounding area; that there is a child under the age of twelve (12) who lives in close proximity or walks by or is otherwise in close proximity to the property occupied by the animal; that the animal has bitten a human being or domestic animal without provocation or a trespass or has approached a person in an apparent attitude of attack; that the animal has a known propensity, reputation, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or other similar factors which would be relevant to a determination of whether or not the animal is dangerous.
(B) Impoundment and Notice to Owner. After making a determination that an animal is a dangerous animal, the animal control officer or his designee shall have the authority to immediately impound the animal. Upon impounding, the animal control officer shall immediately notify the owner in writing that he has determined that the animal is a dangerous animal and that the animal has been impounded and will be humanely destroyed unless the owner appeals his determination to the City Manager, in writing, within five (5) days from the date of notice. If the owner is not known, the animal control officer shall impound the dangerous animal for fifteen (15) days and shall make a reasonable effort to locate the owner. If the owner cannot be located, the dangerous animal shall be humanely destroyed after the impoundment for a fifteen (15) day period.
(C) Appeals; Redemption. If any person shall inform the animal control officer of the existence of an allegedly dangerous animal, the animal control officer shall investigate to determine if the animal is a dangerous animal as defined in this chapter. The person alleging that the animal is dangerous shall provide supporting information within five (5) days of making such allegation. Any owner of an animal that has been declared by the animal control officer to be a dangerous animal shall have the right to appeal this decision to the City Manager by requesting a hearing by the City Manager or his designee. The request for hearing must be in writing and delivered to the City Manager's office within five (5) days after notice from the animal control officer as provided for in this section. If, after hearing, the City Manager or his designee determines that the animal is a dangerous animal, the aggrieved owner shall have five (5) days to appeal the City Manager's adverse decision to a court of competent jurisdiction. If the City Manager or his designee determines that the animal is not a dangerous animal, the animal shall be immediately returned to the owner without cost, except that the owner must comply with the other provisions of this chapter relating to his animal. If an appeal is made to a court of competent jurisdiction, the owner shall have the right to redeem the animal, unless the animal has attacked or bitten a human being or domestic animal, in which case no redemption shall be had by the owner. In order to redeem a dangerous animal as provided in this section, the owner must prove to the satisfaction of the animal control officer that the dangerous animal will be securely confined, must make payment of all costs incurred by the city in impounding and caring for the animal, must comply with or provide proof of compliance with all other provisions of this chapter, and must have in effect a general liability insurance policy insuring against liability resulting from acts of the animal, naming the owner as insured and also naming the city as an additional insured in an amount not less than five hundred thousand dollars ($500,000) per occurrence and one million dollars ($1,000,000) aggregate combined single limit for bodily injury, personal injury and property damage. Coverage shall be at least as broad as Insurance Service Office Form CG-00-01-85. Any insurance policy provided to the city in satisfaction of the requirements of this section shall specifically provide that the insurers shall provide written notice to the city at least thirty (30) days prior to cancellation, termination or modification of the coverage provided to the city. Upon expiration of the right of the owner or of the city to appeal the determination of an animal as being dangerous, the animal shall immediately be returned to the owner, without cost, if the animal has been determined not to be a dangerous animal, and if previously redeemed, the redemption requirements of this section shall be terminated. Upon termination of the right of the owner or of the city to appeal the determination of an animal as being dangerous, the animal shall be immediately and humanely destroyed by the animal control officer, if the animal has been determined to be a dangerous animal. The owner shall then be liable to the city for all costs incurred by the city in impounding and caring for the animal, if the animal has been determined to be a dangerous animal.
(Am. Ord. 07-04, passed 5-14-2007)