5-4-8: IMPOUNDMENT AND DISPOSITION OF VICIOUS ANIMALS:
   A.   Proceedings To Declare Animal As Vicious; Hearing: The Johnson County sheriff's office, the mayor, or his/her designee, in his/her discretion or upon the receipt of a complaint alleging that a particular animal is a "vicious animal" as defined herein, may initiate proceedings to declare such animal as a vicious animal. A hearing on the matter shall be conducted by the mayor or his/her designee. The person owning, keeping, sheltering, or harboring the animal in question shall not be given 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 set forth 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.
   B.   Issuance Of Removal Order; Failure To Comply: If, after hearing, the mayor, or his/her designee, determines that an animal is vicious, the mayor, or his/her designee, shall order the person owning, sheltering, harboring, or keeping the animal to remove it from the city and cause it to be destroyed in a humane manner. The order shall immediately be served upon the individual or entity 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 mayor, or his/her designee, is authorized to seize and impound the animal. The 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 order of the mayor, or his/her designee, was issued has not appealed such order to the city council, the mayor, or his/her designee, shall cause the animal to be destroyed.
   C.   Appeal Of Removal Order: The order to remove or destroy a vicious animal issued by the mayor, or his/her designee, may be appealed to the city council. In order to appeal such order, written notice of appeal must be filed with the city clerk within three (3) days after the receipt of the order to remove or destroy the vicious animal. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order of 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 the receipt of the notice of appeal. The hearing may be continued for good cause. After such hearing, the city council may affirm or reverse the order of the mayor, or his/her designee. Such determination shall be contained in a written decision and shall be filed with the city clerk within three (3) days after the hearing, or any continued session thereof.
   E.   Written Order To Remove; Failure To Comply: If the city council affirms the actions of the mayor, or his/her designee, the city council shall order in its written decision that the individual or entity 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 or entity against whom rendered in the same manner as the order to remove or destroy. If the original order of the mayor, or his/her designee, 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 authorized to seize and impound such vicious animal. An animal so seized shall be impounded for a period of seven (7) days. If at the end of that impoundment period, the individual or entity against whom the decision and order of the mayor, or his/her designee, or the city council order issued, has not petitioned to the Johnson County district court for a review of said order, the mayor, or his/her designee, shall cause the animal to be destroyed in a humane manner.
   F.   Violation A Misdemeanor Offense: Failure to comply with an order of the mayor, or his/her designee, issued pursuant hereto and not appealed, or of the city council after appeal, shall constitute a misdemeanor offense.
   G.   Authority To Destroy: 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 be safely apprehended, in which case the Johnson County sheriff's office, the mayor, or his/her designee, may immediately destroy it.
   H.   Animal Under Impoundment Or Quarantine: 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, all costs of such impoundment or quarantine shall be paid by the city. (Ord. 1995-97, 11-14-1995)