For use in this chapter and the Animal Control Code generally, the following additional terms are defined:
1. “Dangerous animal” means any animal that:
A. Inflicts severe injury on a human being without provocation on public or private property;
B. Inflicts severe injury on or kills another animal without provocation while the animal is off the owner’s or custodian’s property;
C. Aggressively bites, attacks, or endangers the safety of humans or other animals;
D. Inflicts bites on a human or another animal either on public or private property;
E. Chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or
F. Has known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or other animals.
An animal shall not be declared a dangerous animal if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or custodian of the animal, or was tormenting, abusing or assaulting the animal, or has, in the past, been observed or reported to have tormented, abused or assaulted the animal, or was committing or attempting to commit a crime. If two or more animals jointly engage in any conduct described in this subsection, thereby rendering proof of the individual animal that inflicted any particular injury difficult to ascertain, then regardless of the degree of participation by the individual animals, all such animals shall be deemed dangerous animals.
2. “Microchip implant” means a passive electronic transponder that is injected into an animal, subcutaneously, by means of a hypodermic-type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for purposes of animal identification and recovery by the animal’s owner. The microchip implant shall be supplied with an exterior collar-type tag for purposes of an external means of notifying others that the animal has been implanted with a microchip.
3. “Severe injury” means any physical injury which results in broken bones, disfigurement, or lacerations requiring multiple sutures or surgery.
1. Declaration of Dangerous Animal. When the Police Chief has sufficient information to determine that an animal is a dangerous animal, the Police Chief shall declare the animal a dangerous animal and shall notify the owner or custodian of the animal in writing, either in person or by regular and certified mail. The notice shall contain the following information:
A. The person receiving the notice is the owner or custodian of a dangerous animal.
B. The breed, color, sex, and license number (if applicable and if known) of the said animal.
C. A copy of the records relied upon by the Police Chief that form the basis for declaring said animal to be a dangerous animal. These records may be supplemented with additional material as it becomes available.
D. An appeal form.
2. Immediate Impoundment. Any animal declared dangerous under this section shall be immediately impounded. Any animal declared a dangerous animal that is not in the custody or control of the City shall be turned over to the City by the owner or custodian within 24 hours from notification. The owner or custodian will have seven days from the date of the notice to appeal the determination or the animal will be euthanized at the direction of the Police Chief. If the owner appeals the dangerous animal declaration, the animal will be held at the shelter at the owner’s expense pending the results of the appeal.
3. Appeal. To contest the declaration of dangerous animal, the owner or custodian of the animal must request an administrative appeal hearing in writing on a form provided with the notice within seven days of the date of the notice. If an administrative appeal hearing is requested, such hearing will be convened pursuant to subsection 4 of this section. At the administrative appeal hearing, the records of the Police Chief, statements or testimony of any witnesses, the results of any behavioral testing, and any supplementary materials shall be admissible to prove the animal is a dangerous animal. The owner or custodian of the animal may require the officer compiling the records to be present at the administrative appeal hearing. The owner or custodian of the animal may present evidence and examine witnesses present. The burden shall be on the City to establish by a preponderance of the evidence that the animal is a dangerous animal.
4. Administrative Appeal Hearing. If the owner or custodian of the animal requests an administrative appeal hearing, the hearing shall be held before the City Administrator. The administrative appeal hearing shall be held within seven days after the receipt of the request for an administrative appeal hearing, unless it is continued for good cause shown. The City Administrator shall notify the owner or custodian of the date, time, and place for the administrative appeal hearing. The administrative appeal hearing shall be informal and open to the public. The following procedures shall apply:
A. All administrative appeal hearings before the City Administrator shall be recorded, testimony shall be taken under penalty of perjury, and witnesses may be subpoenaed.
B. The City Administrator shall render an oral decision at the conclusion of the administrative appeal hearing or within five business days. This time may be extended at the discretion of the City Administrator in order to receive additional information. The oral decision shall be reduced to writing and issued in accordance with subsection 5 of this section. It will include findings of fact and will be forwarded to the appellant.
5. Decision. At the conclusion of the administrative appeal hearing, the City Administrator shall have the authority to affirm, reverse, or modify the declaration by the Police Chief that the animal is dangerous. If the City Administrator affirms the declaration and finds that the animal is dangerous, the animal shall be euthanized unless the City exercises its discretion, as set forth in subsection 9 of this section, to allow the animal to be permanently removed from the City. If the City Administrator finds that the animal is not dangerous, the City Administrator shall order the animal released, at which time the City Administrator may also impose reasonable conditions of release upon the owner or custodian to prevent further incidents involving the particular animal and to provide for better protection of the general public.
6. Notification. The owner or custodian of the animal shall be notified in writing by the City Administrator within five days of the administrative appeal hearing of the decision, unless this time period has been extended pursuant to subsection 4(B) of this section. In no event shall this time period be extended beyond ten days from the date of the conclusion of the administrative appeal hearing, unless good cause is shown. The decision of the City Administrator is final. The owner or custodian of an animal determined by the City Administrator to be dangerous may appeal the City Administrator’s decision to the District Court within five days of the date of the City Administrator’s decision.
7. Subsequent Action. A finding that an animal is not a dangerous animal shall not prevent the Police Chief from seeking to have the animal declared a dangerous animal as the result of any subsequent action by the animal.
8. Costs and Expenses. The owner or custodian of any animal declared to be dangerous shall be liable to the City for all costs and expenses of keeping such animal and any behavioral testing requested by the City, unless a finding is subsequently made that the animal is not dangerous.
9. Removal from City. The City, in its sole discretion, may release a dangerous animal by agreement with the owner or custodian if the owner or custodian agrees to immediately remove the dangerous animal from the City permanently and at a minimum, the owner or custodian of a dangerous animal to be removed from the City shall provide the City with specific information as to where the animal will be relocated, which in turn should be provided by the City to animal control or law enforcement authorities of the appropriate jurisdiction. Also the owner or custodian shall have the animal injected with a microchip implant for the purpose of permanent identification. The owner or custodian shall cooperate fully with the City in making and providing records of the implant procedure and is responsible for all costs associated with the procedure. The City may but is not required to exercise its discretion to enter into a permanent removal agreement with the owner or custodian at any time during the process set out in this section.
10. Dangerous Animal from Other Jurisdiction. If an animal is known or found to be in the City that has been declared dangerous by another governmental entity, the City shall immediately impound the animal. The animal shall then either be returned to the governmental entity that declared it to be dangerous or be subject to being declared dangerous by the Police Chief in accordance with this section.