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(a) The superintendent of the animal center shall report in writing to the chief of police concerning any animal the superintendent is informed is, or believes to be, a dangerous animal.
(b) The chief of police or his designee shall set a date and time for a public hearing to determine whether such animal is a dangerous animal as defined in Section 6.28.010(a). Ten calendar days' written notice of the time and place for the hearing shall be given to the person who owns or has possession, custody, charge, or control of the animal.
(c) The chief of police or his designee shall preside at the hearing and shall summon witnesses, administer oaths, hear testimony, and determine whether the animal is a dangerous animal.
(d) In determining whether the animal is a dangerous animal, the chief of police or his designee shall consider evidence concerning any bites committed upon persons or other animals by the animal; provided, however that such evidence shall not be exclusive. An animal may be shown to be dangerous even though it is not proven to have bitten any person or other animal.
The chief of police or his designee shall also consider any assaults upon persons or other animals by the animal, any incidents of harassment by the animal, the circumstances surrounding any incident indicating the temper or viciousness of the animal and the general reputation of the animal in the community with respect to its temper and viciousness. The deliberation shall include any provocation that may have caused the animal to exhibit ferocious or vicious characteristics.
(e) The chief of police or his designee shall issue written findings and a decision, concerning whether the animal is a dangerous animal, within ten working days after the hearing is concluded.
(f) Once the person who owns or has possession, custody, charge, or control of the animal has been provided written notice of the time and place for the hearing, he shall ensure the protection of the public health, safety and welfare by securely confining the animal, prior to the hearing, at the animal services center or at a facility approved by the superintendent of the animal center. The animal's confinement shall continue, pending the issuance of the written decision of the chief of police or his designee following the hearing. All costs incurred as a result of the confinement shall be the sole responsibility of the owner, possessor or custodian of the animal.
(g) If the animal is determined to be a dangerous animal, the chief of police or his designee may revoke the animal's license and order its removal from the city within twenty-four hours, order its destruction, or grant a permit for possessing a dangerous animal as provided in Section 6.28.040.
(h) It is unlawful for any person to own or have possession, custody, charge, or control of any dangerous animal ordered from the city by the chief of police or his designee pursuant to this section. Any dangerous animal within the city twenty-four hours after the removal order is issued shall be subject to seizure by animal control officers or the police.
(Ord. 3773 § 1 (part), 1987: Ord. 3257 § 7 (part), 1981: Ord. 2669 § 14 (part), 1972)