1. The Police Chief, in his or her discretion or upon receipt of a complaint alleging that a particular animal is a vicious animal, as defined herein, may initiate proceedings to declare such animal a vicious animal. A hearing on the matter shall be conducted by the City Administrator. The person owning, keeping, sheltering or harboring the animal in question shall be given not less than seventy-two (72) hours’ written notice of the time and place of said hearing. Said notice shall set forth the description of the animal in question and the basis for the allegation of viciousness. The notice shall also state that if the animal is determined to be vicious, the owner will be required to remove it from the City or allow it to be destroyed. The notice shall be served upon any adult residing at the premises where the animal is located, or may be posted on those premises if no adult is present to accept service.
2. If, after hearing, the City Administrator determines that an animal is vicious, such official shall order the person owning, sheltering or harboring or keeping the animal to remove it from the City, or to cause it to be destroyed in a humane manner. The order shall immediately be served upon the person against whom issued in the same manner as the notice of hearing. If the order is not complied with within three (3) days of its issuance, the City Administrator is authorized to seize and impound the animal. An animal so seized shall be impounded for a period of seven (7) days. If at the end of the impoundment period, the person against whom the order of the City Administrator was issued has not appealed such order to the Council, the City Administrator shall cause the animal to be destroyed.
3. The order to remove or destroy a vicious animal issued by the City Administrator may be appealed to the Council. In order to appeal such order, written notice of appeal must be filed with the Clerk within three (3) days of receipt of the order to remove or destroy the vicious animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the City Administrator.
4. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk. The hearing of such appeal shall be scheduled within seven (7) days of the receipt of notice of appeal. The hearing may be continued for good cause. After the hearing, the Council may affirm or reverse the order of the City Administrator. Such determination shall be contained in a written decision and shall be filed with the Clerk within three days after the hearing or any continued session thereof.
5. If the Council affirms the action of the City Administrator, the Council shall order in its written decision that the person owning, sheltering, harboring or keeping such vicious animal shall remove such animal from the City or cause it to be destroyed in a humane manner. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the order to remove or destroy. If the original order of the City Administrator is not appealed and is not complied with within three days, or the order of the Council after appeal is not complied with within three days of its issuance, the Police Chief is authorized to seize and impound such vicious animal. An animal so seized shall be impounded for a period of seven days. If at the end of the impoundment period, the person against whom the decision and order of the City Administrator and/or the Council was issued has not petitioned the District Court for a review of the order, the City Administrator shall cause the animal to be destroyed in a humane manner.
6. Failure to comply with an order of the City Administrator issued pursuant hereto and not appealed, or of the Council after appeal, shall constitute a misdemeanor offense.
7. Any animal found at large which displays vicious tendencies may be processed as a vicious animal pursuant to the foregoing, unless the animal is so vicious that it cannot safely be apprehended, in which case the Police Chief may immediately destroy it.
8. Any animal which is alleged to be vicious and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing. All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be vicious. If the animal is not determined to be vicious, such impoundment or quarantine shall be paid by the City.