In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous, as defined by § 91.40, the Court shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by § 91.40. The animal control officer or law enforcement officer may order the dog to be impounded at a licensed veterinary clinic or humane society pending the determination of whether the dog is dangerous. The owner or keeper of the dog shall be liable for the costs of keeping such dog. The animal control officer or law enforcement officer shall notify the owner or keeper of the dog that the hearing will be held, at which time evidence will be presented that the dog is dangerous and at which time the owner or keeper of the dog may present evidence to rebut evidence presented by the city and present such other evidence as may be relevant. The failure of the owner or keeper to attend or participate in the hearing shall not keep the court from making the appropriate determination concerning the dog. The hearing shall be held promptly within no less than five nor more than 20 days after service of notice upon the owner or keeper of the dog. The city shall have the burden of proof to show that the dog is dangerous pursuant to § 91.40. After the hearing, the owner or keeper of the dog shall be notified in writing of the determination. If a determination is made that the dog is dangerous, the owner or keeper shall comply with the provisions of this chapter within 15 days. If the owner fails to comply with the provisions of this chapter within the time provided, the dog shall be destroyed. If the owner or keeper of the dog contests the determination, he or she may appeal within ten days to the court pursuant to law.
(Ord. O-10-20, passed 6-14-10)