(a) A person is the owner of an aggressive dog when:
(1) The owner knows that the dog has made an unprovoked attack on another domestic animal that causes bodily injury to the animal and which occurred in a place other than an enclosure in which the dog was being kept;
(2) The owner knows that the dog has, on more than one occasion, bitten one or more persons who are lawfully inside the dog's enclosure;
(3) The owner knows that the dog has repeatedly attempted, successfully or unsuccessfully, to climb over, dig under, chew through, break or otherwise escape from its enclosure in an attempt to attack a person or another domestic animal;
(4) The owner knows that the dog has committed unprovoked acts that would cause a person to reasonably believe that the dog will attack and cause bodily injury to a person or domestic animal; or
(5) The owner is informed by the animal care and control authority that the animal care and control authority has determined that the dog is an aggressive dog.
(b) If a person reports a suspected or purported aggressive dog, the animal care and control authority may investigate. The animal care and control authority may accept sworn statements from all victims and witnesses to the incident. If the animal care and control authority determines that the dog is an aggressive dog, it shall notify the owner in writing of the determination.
(c) Notwithstanding any other ordinance, the owner may appeal the determination of the animal care and control authority that a dog owned by the owner is an aggressive dog to the director, no later than 15 calendar days after the date notice of the determination is mailed to the owner.
(d) To file an appeal under subsection (c), the owner must:
(1) File a notice of appeal of the animal care and control authority's aggressive dog determination with the director;
(2) Attach a copy of the determination from the animal care and control authority; and
(3) Serve a copy of the notice of appeal on the director by mailing the notice through the United States Postal Service.
(e) The decision of the director shall be final and non-appealable.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)