(A) The Animal Control Officer is hereby authorized to declare an animal to be a dangerous animal. Notice of such declaration shall be served personally upon the owner, or his or her authorized agent, or served by mailing the notice, by certified or registered mail, return receipt requested, upon the owner or his or her authorized agent. If mailed, the notice shall be deemed effective three business days from depositing the notice in the United States mail. The notice shall indicate that the animal is declared to be a dangerous animal and that if written appeal of the Animal Control Officer’s decision is not filed within ten days with the Board through the County Clerk’s office, the animal shall be destroyed. If ownership of the animal cannot be determined, the animal may be destroyed after detaining the animal for five business days without notice or further action by the Board.
(B) Upon notice of the declaration of the animal to be a dangerous animal, the animal, if not already held in quarantine by the Department of Health, shall be surrendered to the Animal Control Officer pending a decision by the Board on the disposition of the animal or imposition of conditions referred to above. If not voluntarily surrendered to the Animal Control Officer, a warrant or other court order shall be obtained for the Animal Control Officer or other law enforcement officer to obtain immediate possession of the animal. No consent or court approval shall be required to obtain possession of the animal if the animal is not under restraint and is not on the property of the owner or his or her authorized agent.
(C) The timely filing of an appeal of a decision of the Animal Control Officer to the Board shall stay the decision of the Animal Control Officer to destroy the animal until a hearing can be held by the Board and a decision rendered thereon. If a hearing is requested, notice of the date, time, place, and purpose of the hearing shall be given to the owner or his or her authorized agent. The Board, or its hearing officer(s), shall review the evidence and render a decision that reverses in whole or in part the decision of the Animal Control Officer or affirms a decision of the Animal Control Officer that the animal is dangerous. Upon a finding that the animal is dangerous, the Board may impose one or more of the conditions stated above in division (E) above or have the animal destroyed. A decision of the Board, if appealed, shall be appealed pursuant to I.C. 34-4-17.5.
(D) If the decision of the Board or the final decision of the courts upon appeal is that the animal is dangerous, the owner shall be responsible for payment of the following fees:
(1) A custodial fee of: $20 administrative fee plus $10 per day until the time of the Board’s decision and thereafter $10 per day, or for any part of a day, for shelter and food for the animal, and plus medical expenses and other costs incurred by the Board for the apprehension and maintenance of the animal, and for treatment of the animal while detained. These charges shall accrue until consent is given for destruction of the animal or until the animal is destroyed.
(2) If the decision of the Board or any final decision of the courts upon appeal is that the animal is not dangerous and should be released to the owner, then those charges, as provided herein, shall not be charged to the owner.
(3) An animal that is not under restraint and cannot be safely captured and impounded may be slain.
(Ord. O-C11-7, passed 12-28-2011) Penalty, see § 90.999