A. An animal is a potentially dangerous animal if:
1. The animal displays aggressive behavior as defined in Section 9.44.020 two or more times within a twenty-four (24) month period. Victims or alleged victims must have been acting peaceably and lawfully at the time the animal displayed the aggressive behavior; or,
2. The animal causes a minor injury to a person or animal.
B. An animal is a dangerous animal if the animal:
1. Inflicts a bite that results in a substantial injury or death to a person when that person was conducting him or herself peaceably and lawfully; or
2. Inflicts a bite that results in a substantial injury or death to an animal that was not trespassing or in violation of any other law.
3. Any animal that has been declared a potentially dangerous animal in accordance with subsection A shall be redesignated as a dangerous animal if that animal:
a. Displays aggressive behavior towards a person in a place where such person is conducting himself or herself peaceably and lawfully;
b. Causes a person or animal to suffer a minor injury while that person or animal was conducting himself or herself peaceably and lawfully; or
c. Violates a term or condition placed on the animal by a declaration, or if the owner violates such terms or conditions.
To appeal the animal's declaration from potentially dangerous animal to dangerous animal, an animal owner may file an appeal in accordance with Section 9.44.730.
C. For purposes of this section, a person is peaceably and lawfully upon the private property of an owner of the animal when he or she is on such property in the performance of any duty imposed upon him or her by federal, state or local laws, including, but not limited to, the postal regulations of the United States, or when he or she is on such property upon invitation, express or implied.
D. Any victim or complainant, as defined in this chapter, may file a complaint regarding an animal with the animal care services manager. Such complaints shall be reviewed by the manager, and shall serve as a basis for pursuing a dangerous or potentially dangerous animal declaration as provided for in this chapter. When a complaint has been filed about an animal by a victim or complainant, the manager shall explain his or her decision whether to pursue such case in writing, and shall serve such written decision described in Section 9.44.720(C) on the victim within five working days of the manager's decision.
E. If, in the discretion of the animal care services manager, the complaint of a victim does not warrant the issuance of a declaration of potentially dangerous or dangerous animal as outlined in this chapter, then the victim can appeal such determination of the manager by filing an appeal of the decision to the administrative hearing examiner, who shall examine the case de novo. In the event such appeal is filed, the secretary to the administrative hearing examiner shall send notice of the hearing to the owner as set forth herein. The victim shall present the facts to the administrative hearing officer and the owner shall have the opportunity to be heard on the matter. The decision of the administrative hearing officer whether or not to issue a declaration shall be final.
F. This chapter does not apply to animals used in military or police work while they are actually performing in that capacity. (Ord. 2003-044 § 3; prior code § 6.09.102)