The city clerk or authorized individual(s) shall capture, impound and may destroy any dog found to be vicious pursuant to the determination of this section. The determination of viciousness and disposal of such dogs shall be as follows:
A. Determination Of A Vicious Dog:
1. In the event that the city clerk or authorized individual(s) has probable cause to believe that a dog is vicious, the city clerk or authorized individual(s) are hereby empowered to seize and impound such dog. In the event the owner refuses to surrender the dog to the city clerk or authorized individual(s), the city clerk or authorized individual(s) may employ any legal means to seize the dog.
2. The director of the Idaho Humane Society or his designated representative shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared vicious. The director of the Idaho Humane Society or his designated representative shall conduct or cause to be conducted an investigation and shall notify the owner of the dog that a hearing will be held, at which time the owner may have the opportunity to present evidence why the dog should not be declared vicious. The owner of the dog has the burden of proof to show the dog is not vicious. The hearing shall be held no less than five (5) days nor more than ten (10) days after service of notice upon the owner of the dog. The hearing shall be informal and be open to the public.
3. After the hearing, the owner of the dog shall be notified in writing of the determination. The notice of the determination shall be mailed to the owner of the dog with the presumption that the owner of the dog received the notice not more than three (3) days from the date the notice was mailed.
B. Destruction Of Vicious Dog:
1. If the determination is made that the dog is vicious, the dog shall be subject to destruction after ten (10) days from the date the notice of determination of viciousness was mailed to the owner of the dog. If the owner of the dog contests the determination, the owner may, within five (5) days of receiving such determination, bring a petition in magistrate court, in the 4th judicial district, in the state of Idaho, in and for the county of Ada, wherein the dog is owned, praying that the court conducts its own hearing on whether or not the animal should be declared vicious. The petition shall be governed by the Idaho rules of civil procedure. The owner of the dog has the burden of proof to show the dog is not vicious. The destruction of the dog shall be stayed pending the outcome of the appeal.
2. If the court finds that the dog is not vicious as defined by this chapter, such dog may be released into the custody of the owner upon payment to the shelter or animal control officer of the expenses of impounding such dog.
3. If the court finds that the dog is vicious as defined by this chapter, such dog shall be subject to destruction by the Idaho Humane Society, Inc. (Ord. 369, 5-30-2000)