A. Determining Vicious Animals:
1. After conducting an investigation, the special officer shall determine if an animal is a “vicious animal” as defined in this chapter.
2. If the officer determines that a particular animal is a vicious animal, the owner or harborer of such animal shall be notified in writing when the determination is made, and the facts pertaining to the determination.
B. Impoundment; Notification to Owner:
1. The special officer may, at his discretion, cause any animal to be impounded and shall, within three (3) days after such impoundment, notify the owner, if known, that the animal has been impounded under the provisions of this chapter.
2. The special officer may tranquilize or use any other reasonable means necessary to impound the animal.
C. Disposition of Animal: The special officer may do any of the following with regard to a vicious animal:
1. Unless the time is otherwise lengthened by agreement between the special officer and the owner of the animal, retain such animal for purposes of observation for a period not to exceed thirty (30) days.
2. Release such animal to the control of its owner under such conditions as may be reasonably required to ensure the public safety;
3. Cause such animal to be destroyed if, in his opinion the release of such animal would create a threat o the public safety. Such destruction must be accomplished in accordance with the procedures for notice and hearing provided in this chapter.
4. Animals unclaimed upon expiration of the applicable time limits set forth in Section 6-1-5 of this Chapter may be disposed of in accordance with this chapter.
D Conditions: The special officer shall impose such conditions upon the return of a vicious animal to its owner as may be reasonably necessary to ensure the public safety. As a prerequisite, to release of the vicious animal, the owner must, at his own expense, purchase a prepaid, a one-hundred thousand-dollar ($100,000.00) animal liability insurance policy to reimburse any victim for any harm that the vicious animal may cause and provide the special control officer with proof of such purchase of liability insurance. Upon proof of insurance, conditions such as, but not limited to, the following may be ordered:
1. To keep the animal confined on its premises in an enclosure approved by the special officer;
2. To keep the animal securely muzzled, leashed, and under the control of a person eighteen (18) years of age and older, and who is physically capable of restraining the animal when the animal is off his property;
3. To post the entrances to the property where the animal is kept with a legible sign containing letters at least two inches (2") in height warning persons of the presence of a vicious animal;
4. To keep such animal in a manner so as not to create or cause offensive odors, a danger to public health, or a public nuisance;
5. The premises upon which an animal is maintained shall be open at any reasonable hour for inspection by the special officer;
A violation of this agreement will result in the animal being impounded and destroyed. (Ord. 2020-04, 12-21-2020)