5-47   Dangerous And Potentially Dangerous; Nuisance Owner; Declaration; Appeal; Disposition
   A.   If it shall appear to an animal control officer that any animal conforms to the definition of a dangerous animal or potentially dangerous animal, or an owner is a Nuisance Owner pursuant to §5-46 above, written notice declaring the animal a dangerous or potentially dangerous animal or an owner a Nuisance Owner shall be delivered to the animal’s owner either by personal service or by Certified U.S. mail addressed to the last known address of said owner.
   B.   In the case of a dangerous animal, within five (5) days of personal service or mailing of a notice of declaration to the animal’s owner said owner shall deliver said animal to the Animal Control Authority for impoundment and disposition pursuant to §5-37. In the case of a potentially dangerous animal, within five (5) days of personal service or mailing of a notice of declaration to the animal’s owner said owner shall either provide reasonable proof of compliance with §5-36 and §5-37 of the Grand Island City Code or shall deliver said animal to the Animal Control Authority for impoundment and disposition . Refusal or failure by the owner of any animal declared a dangerous animal or potentially dangerous animal to comply with this subsection shall be a violation of the Grand Island City Code and shall be subject to abatement as a public nuisance pursuant to §5-46.
   C.   The owner of any animal declared a potentially dangerous animal or dangerous animal by an animal control officer, or declaration of a Nuisance Owner pursuant to §5-46 above may appeal the decision to the Animal Advisory Board by submitting a letter of appeal to the City Attorney’s Office within 72 hours of either receiving personal service or mailing of the written notice of declaration. The Animal Advisory Board shall hold a hearing within fifteen (15) days of delivery of the letter of appeal to the City Attorney’s Office. The hearing shall be conducted informally. The animal’s owner and Animal Control Authority shall present oral or written statements or reasons supporting or opposing the declaration to the Animal Advisory Board. Statements by each participant shall be limited to a total time of thirty (30) minutes or less. Upon conclusion of the hearing the Animal Advisory Board may reverse, modify or affirm the declaration of the Animal Control Authority. Notice of the determination of the Animal Advisory Board shall be given to the animal’s owner and the Animal Control Authority, either personally or by United States Mail.
(Amended by Ordinance No. 9200, effective 12-17-2008)
HISTORY
Amended by Ord. 9933 on 7/12/2023