(1) (a) The ownership rights of a person owning the following types of animals may be forfeited to the city pursuant to the procedure in this section:
1. A public nuisance animal;
2. A wild animal; and
3. A maltreated animal.
(b) In addition, the ownership rights of other animals owned by the same owner may be forfeited if he or she has demonstrated an inability or unwillingness to properly care for or control the animal in order to prevent it from becoming a public nuisance animal or a maltreated animal.
(2) Authorized city personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his or her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents.
(3) The owner shall be given 14 days from the date of the notice to appeal the forfeiture decision by requesting a hearing before hearing officer for a review of this determination.
(a) If no appeal is filed, the forfeiture decision will stand.
(b) If an owner requests a hearing for determination as to the forfeiture of his or her ownership rights, the hearing shall be held before the hearing officer, which shall set a date for hearing not more than three weeks after demand for the hearing. The records of the animal control or City Clerk’s office shall be admissible for consideration by the animal control officer without further foundation. After considering all evidence, the hearing officer shall make an order as he or she deems proper.
(4) If the animal is deemed forfeited, the owner must immediately give the animal to authorized city personnel, and a failure or refusal to do so is a misdemeanor. Authorized city personnel may use reasonable force and go onto private property to take the animal into custody.
(5) Authorized city personnel will determine on a case by case basis whether forfeited animals may be destroyed or given to new owners who will adequately care for and control the animal.
(Ord. 03-08, passed 5-27-2008; Am. Ord. 19-11, passed 10-10-2011)