(A) In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way, public waterway, lagoon or public sewer system, or the property of someone other than its owner, thereby creating a hazard to person or property, such animal may, in the discretion of the animal control officer or other designee, or a peace officer be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
(B) Upon the complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal on premises in the city in violation of this chapter or who keeps a dangerous animal which has demonstrated a propensity to attack or bite without provocation, the Animal Control Officer shall cause the matter to be investigated, and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous animal in the city, the Animal Control Officer shall order the person named in the complaint to safely remove such animal from the city, permanently place the animal with an organization or group allowed under § 7-7-3 of this chapter to possess dangerous animals, or destroy the animal, within three days of the receipt of such order. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing to the person keeping, sheltering or harboring the dangerous animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal shall not be required where such dangerous animal has previously caused serious physical harm or death to any person in which case the animal control officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
(C) The order to remove a dangerous animal issued by the animal control officer may be appealed to the City Manager. In order to appeal such order, written notice of appeal must be filed with the City Clerk within three days after receipt of the order contained in the notice to remove the dangerous animal. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order.
(D) The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Clerk. The hearing of such appeal shall be scheduled within seven days of the receipt of notice of appeal. The hearing may be continued for good cause. After such hearing, the City Manager may affirm or reverse the order of the Animal Control Officer. Such determination shall be contained in a written decision and shall be filed with the City Clerk within three days after the hearing, or any continued session thereof.
(E) If the City Manager affirms the action of the Animal Control Officer, the City Manager shall order in the written decision that the individual or entity owning, sheltering, harboring or keeping such dangerous animal, remove such animal from the city, permanently place such animal with an organization or group allowed under § 7-7-3 of this chapter to possess dangerous animals, or destroy it. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice of removal. If the original order of the animal control officer is not appealed or is not complied with within three days of the order of the City Manager after appeal has been served, the animal control officer or other designee or the Police Department is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven days. If, at the end of the impoundment period, the person against whom the decision and order of the animal control officer or City Manager was issued has not petitioned the Lee County District Court for a review of said order, the animal control officer shall cause the animal to be disposed of by sale, permanently place such animal with an organization or group allowed under § 7-7-3 of this chapter to possess dangerous animals, or destroy such animal in a humane manner. All impoundment fees shall be at the expense of the owner of the dangerous animal which said fee shall be the actual cost of the feeding and care of the animal.
(Ord. B-512, passed 9-15-1987)