(A) Prohibited generally; exceptions. It shall be unlawful to own, keep or harbor a public nuisance animal within the city; provided, however, it shall not be unlawful to own or keep a dog of vicious tendencies for the protection of persons or property if such dog is securely confined in a manner not to expose it to the general public and is held in compliance with § 91.14 below.
(B) Complaint and notice. Upon receipt of a written detailed and signed complaint being made to an Animal Control Officer by any resident or residents that any person is maintaining a public nuisance as defined in § 91.01 of this chapter, the Chief of Police, or his or her designee, shall cause the owner of the animal or animals in question to be notified that a complaint has been received and shall cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing by the investigating Animal Control Officer. In addition, an Animal Control Officer may upon independent investigation determine an animal to be a public nuisance, at which time said officer shall prepare and submit to the Chief of Police a written report of his or her investigation, who shall cause the owner of the animal or animals in question to be notified of the investigation.
(C) Abatement. If the written findings of the investigating officer indicate that the complaints are justified, then the Chief of Police shall cause the owner or keeper of the animal or animals in question to be so notified in writing, by registered mail, return receipt requested, ordered to abate the nuisance within seven days after notification, and issued a citation for the violation. In the event the owner of the animal or animals is unknown and cannot be ascertained, the notice and order, along with a general description of the animal or animals, shall be published within a local newspaper.
(D) Impoundment upon failure to abate. If any person receiving notice in the manner herein above described shall fail or refuse to abate the nuisance upon order of the Chief of Police within the specified time, the Chief of Police may cause the animal or animals in question to be apprehended and impounded in accordance with the provisions of this chapter.
(E) Right of appeal. Within a seven-day period mentioned in division (C) above, the owner of the alleged nuisance animal may appeal the findings of the Chief of Police to the City Manager by giving written notice of appeal to the City Manager. The appeal shall stay the abatement of the nuisance until a final determination is made by the City Manager. The City Manager shall schedule a hearing and make a final determination within ten days of receipt of the notice of appeal.
(F) Redemption; destruction. If the owner shall so request, the animal or animals may be redeemed upon the condition that the owner execute a written agreement to comply with the abatement order, and upon such other conditions as may be required by the County Animal Shelter. If no redemption and execution is made by the owner within such time as may be required by the County Animal Shelter, then the animal shall be disposed of in accordance with such regulations as may be set forth by the County Animal Shelter.
(1997 Code, § 91.03) (Ord. passed 3-14-1989; Ord. passed 4-13-1999; Ord. 2006-24, passed 6-13-2006) Penalty, see § 91.99