(A) The court shall set a time for a hearing to determine whether the dog or other animal caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. The hearing must be held not later than the tenth day after the date on which the warrant is issued.
(B) The court shall give written notice of the time and place of the hearing to:
(1) The owner of the dog or animal or the person from whom the dog or animal was seized; and
(2) The person who made the complaint.
(C) Any interested party, including the city attorney, is entitled to present evidence at the hearing.
(D) The court shall order the dog destroyed if the court finds that the dog or animal caused the death of a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog or animal released to:
(1) Its owner;
(2) The person from whom the dog or animal was seized; or
(3) Any other person authorized to take possession of the dog or animal.
(E) The court may order the dog or animal destroyed if the court finds that the dog or animal caused serious bodily injury to a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog or animal released to:
(1) Its owner;
(2) The person from whom the dog or animal was seized; or
(3) Any other person authorized to take possession of the dog or animal.
(F) The court may not order the dog or animal destroyed if the court finds that the dog or animal caused the serious bodily injury to a person by attacking, biting, or mauling the person; and
(1) The dog or animal was being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog or animal was being kept; and
(a) The enclosure was reasonably certain to prevent the dog or animal from leaving the enclosure on its own and provided notice of the presence of a dog or other animal; and
(b) The injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(2) The dog or animal was not being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog or animal was being kept, and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(3) The attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes;
(4) The dog or animal was defending a person from an assault or person's property from damage or theft by the injured person; or
(5) The injured person was younger than eight years of age, the attack, bite, or mauling occurred in an enclosure in which the dog or animal was being kept, and the enclosure was reasonably certain to keep a person younger than eight years of age from entering.
(Ord. 0620-1, passed 6-15-2020)