(A) It shall be unlawful to own, keep or harbor a public nuisance or vicious animal within the city.
(B) The following procedure shall apply with respect to the detection and disposition of animals which are alleged to be public nuisance or vicious animals, in addition to the issuance of a citation or summons.
(1) Complaint and notice. Upon receipt of a written detailed and signed complaint being made to the Animal Control Division of the Police Department by any resident or residents that any person is maintaining a public nuisance or vicious animal as defined herein, the animal control officer shall cause the owner of the animal or animals in question to be notified that a complaint has been received and shall conduct an investigation into the situation complained of prepare a written report of his or her findings.
(2) Abatement. If the written findings of the animal control officer indicate that the complaint is valid, then the Chief of Police or his or her designee shall cause the owner or keeper of the animal or animals in question to be so notified in person by the animal control officer and the owner or keeper shall thereby be ordered to abate the nuisance within two days and further shall be issued a citation for the violation. In the event the owner of the animal or animals is unknown or cannot be ascertained, the animal control officer is hereby authorized to impound the animal or animals immediately pending notification of the owner.
(3) Impoundment upon failure to abate. If any person, after being notified as set forth above, shall fail or refuse to abate the nuisance upon the order of the Chief of Police within the specified time, the Chief of Police may cause the animal or animals to be impounded, as set forth in this chapter.
(4) Right of appeal. Within the two-day notice period set forth above, the owner or keeper of the nuisance or vicious animal may appeal the findings of the Chief of Police to the City Manager by giving written notice to the Chief of Police or the City Manager. The final determination shall be made by the City Manager.
(5) Redemption; destruction. If the owner or keeper shall so request, the animal or animals may be redeemed pursuant to the procedure set forth in this chapter and upon the further condition that the owner or keeper execute a written agreement to comply with the abatement order. If no redemption and execution of agreement is made, as specified in this chapter, then the animal or animals shall be disposed of in a humane manner.
(6) Vicious animals.
(a) All animals determined to be vicious, including dogs that have a history of unlawfully biting human beings, shall be confined by the owner within a building or secure enclosure or by the animal control officer in the animal control shelter. The animals shall not be released from confinement unless securely muzzled and restrained.
(b) An animal that has been determined to be vicious, as set forth herein, and is found to be at large may be tranquilized or destroyed by the animal control officer with or without prior notification to the owner, but only after attempts to capture the animal have been unsuccessful.
(c) The animal control officer may also tranquilize or destroy any vicious animal if the animal poses an immediate threat to the safety of any human being or animal.
(`86 Code, § 4-13) (Am. Ord. 01-09-01, passed 9-18-01)