5-4-5: IMPOUNDMENT AND DISPOSITION OF DANGEROUS ANIMALS:
   A.   Authority To Destroy: In the event that a dangerous animal is found at large and unattended on public property, park property, public right of way, or the property of someone other than the owner, thereby creating a hazard to person or property, such animal shall, in the discretion of the Johnson County sheriff's office, the mayor, or designee, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
   B.   Complaint; Investigation; Seizure:
      1.   Upon the complaint of an individual that a person is keeping, sheltering, or harboring a dangerous animal per se upon premises in the city, the Johnson County sheriff's office, the mayor, or his/her designee, shall cause the matter to be investigated, and if after investigation, the facts indicate that a person named in the complaint is keeping, sheltering, or harboring a dangerous animal per se, the Johnson County sheriff's office, the mayor, or his/her designee, shall immediately seize any such animal. An animal so seized shall be impounded for a period of seven (7) days. If at the end of the impoundment period the individual or entity keeping, sheltering, or harboring such dangerous animal per se has not petitioned the Johnson County district court seeking return of such dangerous animal per se, the Johnson County sheriff's office, the mayor, or his/her designee, shall cause the animal to be disposed of by sale, permanently place such animal with an organization or group allowed under this chapter to possess dangerous animals, or destroy such animal in a humane manner.
      2.   Upon the complaint of any individual that a person is keeping, sheltering, or harboring a dangerous animal other than a dangerous animal per se on premises in the city, the Johnson County sheriff's office, the mayor, or his/her designee, shall cause the matter to be investigated, and if after investigation, the facts indicate the person named in the complaint is keeping, sheltering, or harboring such a dangerous animal in the city, the animal control officer for the city shall order the person named in the complaint to safely remove such animal from the city, permanently place the animal with an organization or group allowed to possess dangerous animals under this chapter, or destroy the animal within three (3) days of the receipt of such order. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing to the person keeping, sheltering, or harboring the dangerous animal and shall be served personally or by certified mail. Such order and notice to remove a dangerous animal shall not be required where the dangerous animal has previously caused serious physical harm or death to any person, in which case the Johnson County sheriff's office, the mayor, or his/her designee, shall cause the animal to be immediately seized and impounded or destroyed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
   C.   Appeal Of Order To Remove: The order to remove a dangerous animal, other than a dangerous animal per se, issued by the Johnson County sheriff's office, the mayor, or his/her designee, may be appealed to the city council. In order to appeal such an order, written notice of appeal must be filed with the city clerk within three (3) days after receipt of the order contained in the notice to remove a dangerous animal. Failure to file such a written notice of appeal shall constitute a waiver of right to appeal the order of the Johnson County sheriff's office, the mayor, or his/her designee.
   D.   Notice Of Appeal Contents; Hearing; Decision: The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the city clerk. The hearing of such appeal shall be scheduled within seven (7) days of receipt of the notice of appeal. The hearing shall be continued for good cause. After such hearing, the city council may affirm or reverse the order of the Johnson County sheriff's office, the mayor, or his/her designee. (Ord. 1995-97, 11-14-1995)
   E.   Written Order To Remove; Action Upon Failure To Comply: If the city council affirms the action of the Johnson County sheriff's office, the mayor, or his/her designee, the city council shall order in its written decision that the individual or entity owning, sheltering, or harboring or keeping such dangerous animal, remove such animal from the city, permanently place such animal with an organization or group allowed under this chapter to possess dangerous animals or destroy it. The decision and order shall immediately be served upon the person or entity against whom it is rendered in the same manner as the notice of removal. If the original notice of the animal control officer is not appealed and is not complied with within three (3) days or the order of the city council after appeal is not complied with within three (3) days of its issuance, the Johnson County sheriff's office, the mayor, or his/her designee, is hereby authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven (7) days. If at the end of the impoundment period, the individual or entity against whom the decision or order of the Johnson County sheriff's office, or the mayor, or his/her designee, was issued has not petitioned the Johnson County district court for review of said order, the Johnson County sheriff's office, the mayor, or his/her designee, shall cause the animal to be disposed of by sale, permanent placement of the animal with an organization or group allowed under this chapter to possess dangerous animals, or destroy such animal in a humane manner. Failure to comply with an order of the Johnson County sheriff's office, the mayor, or his/her designee, issued pursuant hereto and not appealed, or the city council after appeal, shall constitute a misdemeanor offense. (Ord. 1995-97, 11-14-1995; amd. 2015 Code)