(a) A law enforcement officer may take up and impound any dog which is alleged to have bitten or attacked a human being or other domestic animal in violation of this chapter, pending the completion of criminal proceedings arising from such incident. Such dog shall be boarded and housed in an animal shelter, animal hospital, kennel or other place which the law enforcement officer deems equally secure until such time as the owner, harborer, or other person having custody or control of such dog shall be tried or enter a guilty or no contest plea to any and all charges arising out of the biting/attack incident, and until such further time as the court enters sentence, unless otherwise ordered by the court.
(b) Any dog impounded shall be released at the earlier of the following times, unless a longer period of impoundment is authorized or permitted by this chapter:
(1) At least ten working days have passed since the biting or attack incident and no charges are pending against the owner, harborer or person caring for or in control of such dog;
(2) The owner, harborer or person caring for or in control of the dog has been acquitted of all criminal charges arising out of the attack/biting incident.
(c) Any person aggrieved by an order of the Animal Warden pursuant to subsection (a) herein may appeal such order to the Director of Public Safety by filing such appeal in writing at the Office of the Mayor. Any such appeal shall be heard within five working days of the date the notice of appeal is filed. Notice of such hearing shall be given to the person(s) who has allegedly been bitten or attacked by the dog, the parent(s) or guardian(s) of any minor(s) who has allegedly been the victim of such an attack, and the owner(s) of any domestic animal(s) which has allegedly been bitten or attacked by the dog.
(d) The costs of the boarding and lodging of the dog shall be charged to the owner, harborer, and/or person caring for or in control of the dog, unless the dog has been released pursuant to the provisions of subsection (b) hereof.
(e) The provisions of this section shall be in addition to any other procedures, penalties and/or remedies provided in this chapter or otherwise available at law.
(Ord. 27-97. Passed 6-24-97.)