(A) Ownership or possession prohibited. No person shall own, keep, or harbor a dangerous animal within the city; provided, this section shall not apply to animals under the control of a law enforcement or military agency. For the purpose of this chapter, an animal may be declared dangerous by the animal control officer, police officer or any officers of a law enforcement agency, if the animal exhibits vicious behavior in present or past conduct, including but not limited to:
(1) (a) Evidence that the animal has, without provocation, bitten or attacked a person and/or animals three times in a consecutive 12-month period; or
(b) Did bite or attack, once causing wound or injuries creating a potential danger to the health or life of the victim; or
(c) Could not be controlled or restrained at the time of a bite or attack upon an animal or person; and
(2) That in order to preserve the public health, safety and welfare of the community, the destruction of said animal is necessary.
(B) Determination and appeals procedure. Whenever an animal is declared dangerous, the animal control officer shall notify the animal's owner or custodian of the declaration and the animal control officer's intent to euthanize the animal unless the determination is timely appealed hereunder. Notice of the declaration shall be served either in person or by certified or registered mail. The animal, if not already held in quarantine, shall be surrendered to the animal control officer.
(1) Any decision of the animal control officer under the provisions of these divisions may be appealed to the Board of Public Works and Safety. The appeal of the owner to the Board shall be in writing and be filed with the Board of Public Works and Safety within ten days after receipt of notification from the animal control officer that said animal has been found to be dangerous. The disposition of any animal shall be stayed during the pendency of such appeal. The animal shall remain in the custody of the animal control officer during the appeal process.
(2) Upon receipt of a written appeal, the Board shall provide notice and conduct an adjudicative hearing in accordance with the terms of I.C. 4-21.5 et seq. Thereafter, the Board shall render a decision that said animal is dangerous and must be euthanized, or is not dangerous and should be returned to the owner. The decision of the Board shall be final and binding upon the city and upon the appellant. This decision may be appealed according to the provisions of I.C. 4-21.5-5-1 et seq.
(C) Costs. The owners of any animal which is impounded and/or euthanized under this section shall be held responsible for payment of any expenses so incurred by the animal control officer, and failure to pay such fee to the Department within 15 days after destruction of such animal shall constitute a violation of the chapter.
(Ord. 26-2000, passed 11-28-00) Penalty, see § 91.99