(A) It shall be an offense under the terms of this chapter for any person within the city to own, keep, possess, harbor or allow to remain upon premises under his or her control any vicious animal.
(B) It shall be the duty of the Chief of Police, or his or her designated agent, to investigate any proper claim that an animal is vicious within the meaning of this chapter. Should the investigating official determine that a vicious animal poses an immediate threat to the public health or safety, he or she shall immediately seize and impound the animal, or otherwise seek an order from the court that the animal be impounded. The Chief of Police shall also refer the matter to the city prosecutor for approval of a verified complaint requesting a finding by the court that the impounded animal is vicious and aid in the proceedings instituted in the municipal court against any person for harboring a vicious animal.
(C) If the court shall fail to find, upon a preponderance of the evidence presented in an evidentiary hearing, that the animal seized and impounded is not a vicious animal, the court shall order the Chief of Police to return the animal to its owner. If such animal is found by the court to be a vicious animal, the court shall order the Chief of Police to have the animal euthanized. In the alternative, the court may order the animal to be permanently removed from the city. Prior to removal of the animal from the city, the animal shall be tattooed with identification marks by a licensed veterinarian. The costs of the tattooing shall be the responsibility of the owner of the animal.
(D) At the option of the owner, but subject to the approval of the Chief of Police, an animal impounded pursuant to this section may be confined in a private kennel or veterinary clinic during the pendency of the vicious animal action. The operators of the facility shall then assume full liability for the confinement and maintenance of such animal and shall not release it without first being authorized by the Chief of Police or the court. All fees for such impoundment shall be the responsibility of the owner. In no event shall the city be liable for costs or fees charged by the private facility. Further, the city may assess to the owner the cost of transporting the animal to the privately operated impoundment facility.
(Prior Code, § 5-4-16) (Ord. 845, passed 6-16-2015)