(A) A police officer or any adult person may request under oath that a dog be classified as vicious by submitting a sworn, written complaint on a form approved by the chief of police. Upon such complaint, the chief of police shall notify the owner of the dog by certified mail that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.
(B) At the conclusion of an investigation the chief of police may:
(1) Determine that the dog is not vicious and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or
(2) Determine that the dog is vicious and order the property owner to comply with the requirements for keeping a vicious dog as set forth in § 91.41(D), and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within 10 business days after a final determination that a dog is vicious and notice given to the owner of the determination, the chief of police may cause the dog to be euthanized.
(C) Notification of vicious dog declaration.
(1) Within five business days after declaring a dog vicious, the chief of police shall notify the owner by certified mail of the dog's designation as a vicious dog and shall describe the dog and any specific restrictions and conditions for keeping the dog as set forth in § 91.41(D). The chief of police shall also notify the mayor and city administrator of the designation.
(2) The notice shall inform the dog owner that he may request, in writing, a hearing to contest the findings of the chief of police within five business days after delivery of the notice.
(3) If after five business days the chief of police cannot with due diligence locate the owner of a dog that has been impounded, or if the owner fails to claim the dog, he may order the dog to be euthanized.
(D) Hearing on vicious dog declaration.
(1) Within 15 business days after receiving the dog owner's written request for a hearing, the chief of police shall provide notice of the date, time and location of the hearing to the dog owner by certified mail and to the complainant by regular mail.
(2) The city hearing officer will conduct the hearing. All interested persons shall be given the opportunity to present evidence on the issue of the vicious dog declaration. Criteria to be considered at the hearing shall include but not be limited to the following:
(a) Provocation;
(b) Severity of attack or injury to a person or domestic animal;
(c) Previous aggressive history of the dog;
(d) Site and circumstances of the incident; and
(e) Statements from interested parties.
(3) If the hearing officer determines there is reason to sustain the finding of the chief of police, or if the dog owner fails to request a hearing within the prescribed time limit, the dog shall be finally declared vicious and the owner of the dog shall be required to comply with § 91.41(D).
(E) The dog owner may apply to a court of competent jurisdiction for any remedies within 10 days after the hearing officer declares a dog to be vicious. The appeal shall be a civil proceeding for the purpose of sustaining or reversing the decision of the hearing officer.
(Ord. O-26-03, passed 5-6-03)