(1) Designation as dangerous animal. The animal control officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following that the animal meets any of the criteria set forth in the definition of DANGEROUS ANIMAL in § 503.01.
(2) Procedure. The animal control officer, after having determined that an animal is dangerous, shall proceed in the following manner:
(a) Order the animal seized and kept at an animal control facility at owner’s expense. The owner shall immediately make the animal available for seizure, and failure to do so shall be a misdemeanor.
(b) The animal control officer shall then determine whether to:
1. Order the animal destroyed; or
2. Impose the conditions set forth in § 503.20. If conditions are imposed in lieu of destruction, the animal shall remain confined at an animal control facility until the owner demonstrates to the animal control officer that all conditions have been fulfilled except that set forth in § 503.20(1)(d).
(c) The animal control officer shall cause one owner of the animal to be notified in writing or in person that the animal has been determined to be dangerous and that the animal is to be destroyed or that the owner must comply with the conditions set forth in § 503.20. The owner shall be notified as to dates, times, places and parties bitten that form the basis for the determination and shall be given 14 days to appeal the determination by requesting a hearing before the hearing officer for a review of the determination.
1. If no appeal is filed, the orders issued will stand.
2. If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the hearing officer, who shall set a date for hearing not more than three weeks after demand for the hearing. Pending the hearing, the animal shall remain at an animal control facility. A fee, as established by the City Council, shall be posted by the owner to cover the administrative costs of scheduling the hearing.
3. The records of animal control or the city shall be admissible for consideration by the hearing officer without further foundation.
4. After considering all evidence, the hearing officer shall make an order rejecting, upholding or amending the determination. The order must be issued within ten days of the hearing and shall be delivered to the owner in person or by registered mail. If the declaration that the animal is dangerous is upheld by the hearing officer, the actual expense of the hearing, including attorney’s fees, up to a maximum of $1,000 will be the responsibility of the animal’s owner. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the animal control officer.
(3) Harboring a dangerous animal. No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction.
(4) Stopping an attack. If any police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim.
(Ord. 03-08, passed 5-27-2008; Am. Ord. 19-11, passed 10-10-2011)
Cross-reference:
City fee schedule, see § 218.01