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(A) A dog declared to be dangerous may be immediately impounded without a pre-impoundment hearing when the Chief of Police or his designee determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for a violation of § 92.111 or when the dog bites a person or domestic animal.
(B) The owner of the dog immediately impounded pursuant to division (A) shall be notified of the impoundment by personal service or certified mail as provided in § 92.108 within five business days after the dog’s impoundment.
(C) The notice of impoundment shall inform the owner of the dog that he or she may request, in writing, a hearing to contest the impoundment within five business days after the personal service or mailing of the notice of impoundment.
(D) Upon request by the owner of the dog for a hearing under division (C), a hearing shall be held within ten business days after such request. Notice of the date, time and location of the hearing shall be provided by personal service or certified mail to the dog owner requesting the hearing.
(E) If the Chief of Police cannot with due diligence locate the owner of a dog that is to be impounded under this section, the Chief of Police shall cause the dog to be impounded for not less than five business days. If, after five business days, the owner fails to claim the dog, the Chief of Police may cause the dog to be humanely destroyed.
(Ord. 20-06, passed 7-6-20)
(A) If, after a hearing on impoundment, the Chief of Police or his designee finds no violation of § 92.114, or that the dog has not bitten an individual, the dog shall be returned to its owner if already impounded, or shall not be impounded as intended.
(B) Incident to the findings and conclusions made at the impoundment hearing, the Chief of Police or his designee may impose reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and the animal. Such conditions may include, but shall not be limited to:
(1) Posting of bond or other proof of ability to respond in damages;
(2) Specific requirements as to size, construction and design of a kennel in which to house the dog;
(3) Requirements as to type and method of restraint and/or muzzling of the dog;
(4) Photo identification or permanent marking of the dog for purposes of identification;
(5) Payment of reasonable fees to recover the costs incurred by the City Police Department in ensuring compliance with this chapter; and
(6) Payment of any or all impoundment charges including veterinary and kennel charges.
(Ord. 20-06, passed 7-6-20)
(A) Any dog at large which by its action is deemed by the Chief of Police or his designated representative to be dangerous as defined in § 92.106, and cannot safely be taken up and impounded, may be slain by the Police Department.
(B) The Chief of Police or his designee may order the destruction of a dog that it determines to be dangerous to public health or safety, a dog that has made a vicious attack upon an individual, or a dog declared dangerous whose owner is unable or unwilling to adequately restrain it.
(C) The Chief of Police or his designee shall give personal service or written notice by certified mail of his intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within ten calendar days after delivery of such notice, a hearing to contest the intended destruction.
(D) If no hearing is requested pursuant to division (C), the dog shall be humanly destroyed.
(E) If a hearing is requested pursuant to division (C), such hearing shall be held within ten calendar days after the request and the dog shall not be destroyed prior to the conclusion of the hearing.
(F) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the city to humanely and safely keep the animal during any legal proceeding and for the destruction of the animal.
(Ord. 20-06, passed 7-6-20)
If the Chief of Police or his designee orders a dangerous dog to be humanely destroyed pursuant to § 92.116, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten business days after receiving notice of the destruction order. If an appeal is timely filed, the Chief of Police shall suspend the destruction order pending the final determination of the court or dismissal of the appeal.
(Ord. 20-06, passed 7-6-20)
(A) Any owner of a dog declared dangerous under this chapter who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten calendar days after such change of ownership or residence, provide written notification to the City Police Department of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog's classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the City Police Department along with written acknowledgment by the new owner of his receipt of such notification.
(B) Any person receiving a dog classified as dangerous must obtain the required permit, tag and enclosure prior to acquisition of the dog. The new owner shall comply fully with the provisions of this chapter pertaining to obtaining liability insurance, payment of fees and maintenance, control and ownership of a dangerous dog.
(Ord. 20-06, passed 7-6-20)
The owner of any dog that has been declared dangerous by the city, another municipality, county, or state shall be subject to the provision of this chapter for the remainder of the dog’s life. The person owning or having custody of any dog designated as a dangerous dog by any municipality, county, or state government shall notify the City Police Department of the dog’s address and conditions of maintenance within ten calendar days of moving the animal into the City of Polo. The restrictions and conditions of maintenance of any dog declared dangerous by this city, another municipality, county, or state shall remain in force while the dog remains in the city.
(Ord. 20-06, passed 7-6-20)
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