A. No person shall keep or harbor a vicious animal.
B. If an animal protection officer and/or peace officer investigates and determines that an animal is vicious, the animal protection officer and/or peace officer shall immediately impound, or cause to be impounded, the animal and deliver to the owner of the animal written notice of that determination on a standardized form that provides notice of the right to appeal the designation, instructions for filing an appeal, and a notice of appeal to be filed with the City Clerk.
C. The owner of the animal may contest the designation of an animal as a vicious animal by an animal protection officer and/or peace officer, by filing the notice of appeal with the City Clerk within five (5) calendar days of notification of the designation. Such hearing shall be conducted according to the procedures set forth in section 5-3-52-3. Failure of the owner to file a notice of appeal shall result in the animal being declared vicious and humanely destroyed.
D. In determining whether or not an animal shall be declared vicious, the animal protection officer, peace officer or Hearing Officer may consider, as a mitigating factor or factors, whether at the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior for which the animal is being determined vicious:
1. Provoked, tormented, teased, abused or assaulted the animal thereby causing or contributing to the alleged behavior;
2. Committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal;
3. Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal; or
4. Any other mitigating factors deemed appropriate for consideration by the animal protection officer, peace officer or Hearing Officer. (Ord. 2017-10, 12-12-2017; amd. Ord. C2021-1, 5-11-2021)