(A) The owner of a dog, whose dog without provocation bites a human being or domestic animal, shall surrender that dog to the Animal Rescue League within 24 hours or one business day of such bite. Such dog shall be declared or deemed a vicious animal for purposes of this chapter, and will be released upon meeting the respective requirements of § 90.052 of this chapter, and upon paying the charges incurred and fees established by the Animal Rescue League, unless the circumstances are such as described in divisions (D) or (E) below.
(B) The owner of a dog, whose dog is classified as a vicious animal under division (A) above or as a repeat biter under division (D) below, or as causing serious injury or death to a human being or domestic animal under division (E) below, or held by the Animal Rescue League under this section, may appeal the vicious animal status, number of bite status or the seriousness of the injury to the human being or domestic animal, to the City Administrator, within three business days of the dog’s surrender to the Animal Rescue League. The appeal will be heard by the City Administrator or by a Hearing Officer appointed by the City Administrator.
(C) Such notice of appeal:
(1) Shall be in writing and served on the City Clerk or the City Clerk’s designee. Failure to file such timely written notice of appeal shall constitute a waiver of right to appeal; and
(2) Shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Clerk. Within seven days of receipt by the City Clerk, a date of hearing for such appeal will be set. After such hearing, the City Administrator or the Hearing Officer, if so appointed, may affirm or reverse the decision as to the vicious animal status, the number of bites status or the seriousness of the injury to the human being or domestic animal. Such determination shall be contained in a written decision and shall be filed with the City Clerk within three days after the hearing or any continued session thereof. The decision and order shall be served upon the person who appealed.
(D) The owner of a dog, whose dog is previously declared or deemed a vicious animal under this subchapter, and whose dog without provocation bites a human being or domestic animal, shall surrender that dog to the Animal Rescue League within 24 hours or one business day of such bite. Such dog shall be euthanized, and the owner shall be responsible for the charges incurred and fees established by the Animal Rescue League.
(E) The owner of a dog, whose dog bites a human being or domestic animal, causing serious injury or death to that human being or domestic animal, shall surrender that dog to the Animal Rescue League within 24 hours or one business day of such bite. Such dog shall be euthanized, and the owner shall be responsible for the charges incurred and fees established by the Animal Rescue League.
(F) Fees under this section shall be paid to the Animal Rescue League for services rendered, regardless of the success or failure of any such appeal pursuant to this section.
(2013 Code, § 6-51.1) (Ord. 14801, passed 3-12-2007; Ord. 14861, passed 9-14-2009)