(A) There is hereby created a standing animal control board. The standing animal control board shall be appointed by the mayor and confirmed by the council. The standing animal control board shall consist of a council member, a law enforcement officer and two (2) citizens. The standing animal control board shall meet as often as may be directed by the mayor or city council, but not less than quarterly. In the event the animal control board is required to review the actions of any animal and make a determination that an animal is vicious or is not vicious, the animal control board shall be increased to include the owner of the animal subject to a review and a person who has been damaged by the animal.
(B) Where there is reason to believe that an animal has acted in such a manner that it should be declared vicious, the person wishing to have the animal declared vicious shall file a written request with the city clerk asking that the city convene the animal control board to review the actions of the animal.
(C) The owner, possessor or caretaker of the animal shall be notified of the request and shall be notified that the person has the right to object to an animal being found vicious. The person filing the request and the owner, keeper or caretaker of the animal shall have the right to appear at the time and place set for the hearing and provide testimony regarding whether the animal should or should not be declared to be a vicious animal.
(D) After a hearing the animal control board shall make a determination if the animal is vicious or not vicious.
(E) In the event that the animal control board has declared an animal vicious, the owner, possessor or caretaker of the animal shall be notified in writing of this determination. The owner, possessor or caretaker of the animal shall be notified that they have the right within five (5) days of a determination to appeal a decision by filing a written petition challenging the determination. If the owner of the animal contests the determination, he or she may, within five (5) days of such determination, bring a petition to the mayor and city council. The city council shall conduct a hearing de novo and make its own determination as to viciousness. Said hearing shall be conducted within fourteen (14) days of the petition. The city council may decide all issues for or against the owner of the animal regardless of the fact that said owner fails to appear at said hearing.
(F) The determination of the city council shall be final and conclusive upon all parties thereto. A finding that the animal is not vicious does not preclude the animal control board from making a later determination that the animal is vicious based upon subsequent actions of the animal.
(G) In the event the animal control officer or a law enforcement officer has probable cause to believe that an animal is vicious and may pose a threat of serious harm to human beings or other domestic animals if the animal is allowed to remain at large, they may seize and impound the animal pending the aforesaid hearings. The owner of the animal shall be liable to the city for the costs and expenses of impoundment of such animal. (Ord. 354, 11-7-2016)