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(A) Designation as a dangerous or potentially dangerous animal. The Animal Control Officer or their designee will designate any animal as a dangerous or potentially dangerous animal upon receiving evidence that such animal meets the definition set forth in this chapter.
(B) Exemption. Animals may not be designated as dangerous or potentially dangerous if the threat, injury, or damage was sustained by a person who was:
(1) Committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal;
(2) Provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or
(3) Committing or attempting to commit a crime.
(C) Notification and procedure. When an animal is declared dangerous or potentially dangerous, the owner(s) of the dangerous or potentially dangerous animal shall be notified in writing that such animal is dangerous or potentially dangerous.
(1) Notice of right to appeal. This notice shall state the date, time, place, the animal bit, chased, attacked or threatened, and shall advise the owner that they have 14 days to appeal the determination by requesting a hearing before the independent hearing officer.
(2) The owner of the animal must immediately comply with the proper enclosure requirements, as defined in this chapter, even if appealing the designation.
(3) Written notice of the designation may either be mailed by first class US mail or by personally delivering the notice to the owner of the animal declared as dangerous or potentially dangerous.
(D) Noncompliance of order. If an owner of a dangerous or potentially dangerous animal fails to comply with any conditions for dangerous or potentially dangerous animals specified in this chapter and fails to request a hearing within 14 days of the designation, the animal shall be seized.
(1) Notice shall be provided to the owner of the basis for the seizure and the right to request a hearing before an independent hearing officer to determine whether the conditions were violated.
(2) A request for hearing must be made within 14 days of the seizure. If the owner fails to request a hearing within 14 days, or after a hearing, is found to have violated the conditions, the Animal Control Officer may order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the owner is found not to have violated the conditions, the owner may reclaim the animal.
(E) An owner of a dangerous or potentially dangerous animal must notify the Police Chief in writing within 14 days of any transfer to a new owner or location, or death of the animal. This notification shall include proof of death or the complete name, address and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated.
(F) Review of designation. Beginning six months after an animal's dangerous or potentially dangerous designation, an owner may request in writing that the designation be reviewed by the Animal Control Officer or their designee. The owner must also provide evidence that the dog's behavior has changed and that no violation of this chapter has occurred during that time period. The city may use discretion in determining whether any conditions which have been ordered are still required.
(G) Limitation on additional animals. After an owner has had an animal designated as dangerous or potentially dangerous, the owner will not be eligible for additional animal permits or licenses until documentation is provided to the Police Chief that the dangerous/potentially dangerous animal has either died, has been relocated to another suitable owner, or had the designation removed.
(Ord. 857, passed 10-14-2015)