(A) Generally. The determination whether or not such dog is dangerous or potentially dangerous, as herein defined, shall be made by the Chief of Police or such alternate hearing official as the Chief of Police may from time to time designate.
(B) Investigation and preliminary findings. Upon receipt of a report or complaint that some person owns, keeps or harbors a dangerous or potentially dangerous dog, as defined herein, or upon independent investigation of an Animal Control Officer, the Chief of Police shall make or cause to make an investigation and on the results of such investigation make a written determination stating that the suspect dog is or is not a dangerous or potentially dangerous dog. If it is determined by the Chief of Police that the suspect dog is dangerous or potentially dangerous, as defined herein, the owner shall be notified in writing by personal service upon the owner by the Chief of Police or his or her designee, or if personal service is not obtained within a reasonable time, by certified mail, return receipt requested, and the written determination shall order compliance with the appropriate provisions of this chapter.
(C) Appeals. The owner, keeper or harborer of a dog determined hereby to be dangerous or potentially dangerous or any person bitten or attacked by a dog determined hereby not to be dangerous or the owner of a domestic animal injured by such dog may appeal such determination by providing written notice of appeal to the Chief of Police within three days of the determination. Such appeal shall be calendared for hearing by City Council at their next regular meeting or to be heard by such appeals board as the City Council may, by resolution, appoint to hear such appeals. The rulings by the City Council, or duly appointed appeals board, shall be final, subject only to the right of appeal for a hearing de novo taken to the County Superior Court, to be filed with the County Clerk of Superior Court within ten days of the date of the final determination by the City Council or Appeals Board.
(D) Registration required. Any person owning, keeping or harboring a dog knowing it to be dangerous or potentially dangerous shall register such dog with the Chief of Police, or his or her designee, within five days of such determination or upon locating such dog within the city. Any owner, keeper or harborer of a dog suspected of being dangerous or potentially dangerous may voluntarily register such dog which shall be an admission that the dog is dangerous or potentially dangerous.
(E) Permanent identification required. Each dog determined to be dangerous or potentially dangerous as provided herein shall be assigned by the Chief of Police, or his or her designee, a permanent registration number, which shall be affixed to the dog by permanent identification tag or some other means by or at the expense of the owner of the dog. It shall be unlawful for any person to remove or tamper with such identification tag once assigned and affixed.
(F) Exclusions. The provisions of this section shall not apply to:
(1) A dog being used by a law enforcement officer to carry out the law enforcement officer’s official duties;
(2) A dog being used in a lawful hunt;
(3) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog or predator control dog on the property of or under the control of its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or
(4) A dog where the injury inflicted by the dog was sustained by a person, who at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
(1997 Code, § 91.13) (Ord. passed 4-13-1999; Ord. 2006-24, passed 6-13-2006) Penalty, see § 91.99