(A) Upon complaint or on his own initiative, the Animal Control Officer shall determine whether a dog is potentially vicious based on factors listed under the definition of “potentially vicious dog” in § 90.27 and shall notify the owner of the dog in writing by certified mail or hand delivery of the determination.
(B) Following notice to the owner, if the Animal Control Officer has probable cause to believe that a dog is potentially vicious and poses a threat to the public safety, he may, upon obtaining a warrant from the District Court, impound the dog pending disposition proceedings before the District Court or until the dog owner has fulfilled the requirements of § 90.32(A). The owner of the dog shall be liable for costs and expenses incurred to impound the dog.
(C) The owner may, within seven (7) days after impoundment of a dog, seek review of the determination that the dog is potentially vicious by bringing a petition in District Court.
(D) In no event shall a potentially vicious dog be returned to its owner without an order directing its release from the District Court or evidence satisfactory to the Animal Control Officer that the owner has complied with the requirements of § 90.32(A).
(E) A decision by the District Court that a dog is not potentially vicious shall not affect the Animal Control Officer's right later to declare a dog potentially vicious or vicious or a threat to the public safety as a result of the dog's subsequent behavior.
(Ord. 2006-12, passed 7-10-06)