(A) It shall be within the discretion of the Police Department to declare an animal vicious or dangerous, as provided in § 91.001 above, based upon the actions of the animal as observed by the officer or by statements of witnesses.
(B) It shall be within the discretion of the Chief of Police of the city to determine whether the animal should be destroyed by euthanization or banned from the city. If the Chief of Police determines that euthanization is required, a consultation with an accredited veterinarian may be considered.
(C) An owner of an animal declared vicious or dangerous may appeal the declaration of the police officer or the determination of disposition by the Chief of Police to the Lead City Commission.
(D) The owner will be given a hearing where the Lead City Commission may uphold or overrule the police officer’s declaration or the Chief of Police’s determination of disposition.
(E) For purposes of criminal prosecution, the owner of the animal is entitled to independent judicial determination of whether the animal is vicious or dangerous.
(Ord. 914-98, passed 9-21-1998; Ord. 942-02, passed 9-9-2002; Ord. 1037-15, passed 8-3-2015)