§ 90.46 VICIOUS ANIMAL DECLARATION.
   (A)   Generally. If the CEO has cause to believe that an animal is vicious, the CEO may find and declare that animal a “vicious animal” and order its confinement under the provisions of division (B) below or may order its destruction under the provisions of division (B) below, if applicable.
   (B)   Notice. Within five days of declaring an animal vicious, the CEO shall notify the animal’s owner in writing of the declaration. The notice shall identify the requirements and conditions for maintaining a vicious animal, as set forth in this subchapter. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted on the owner’s property or sent by certified mail to the owner’s last known address.
   (C)   Hearing.
      (1)   The owner of an animal declared vicious shall have the right to file, within five days after receiving notice, a written request for a hearing to contest the vicious animal declaration. The hearing shall be held within five days after the CEO receives the owner’s written request.
      (2)   The hearing under this section shall be before the Municipal Judge of the city and shall be informal, and strict rules of evidence shall not apply. The owner may be represented by counsel, present oral and written evidence and cross-examine witnesses.
      (3)   The Municipal Judge shall issue a decision within two days after the close of the hearing under this division (C) and shall notify the owner in writing of the decision.
      (4)   The Municipal Judge may uphold the vicious animal declaration, in which event the owner shall comply with all of the requirements and conditions for maintaining a vicious animal as set forth in this subchapter, or may unconditionally release the animal to its owner.
      (5)   The decision of the Municipal Judge on the vicious animal declaration is final.
(Ord. 2013-04, passed 2-9-2013)