(a) In addition to exercising abatement powers under sections 16.201 et seq. the Department, the County Health Officer, or a peace officer, may abate a public nuisance involving an animal by impounding or abating the animal pursuant to this section. If the Department determines that there is an immediate threat to the health and safety of the public or an animal the Department may summarily abate a public nuisance involving an animal or the premises where an animal lives or is maintained, including destroying the animal involved.
(b) When the Department determines that an animal's behavior or the failure of an animal owner or custodian to control an animal results in a public nuisance, the Department may require the owner or custodian of the animal to obtain a public nuisance registration from the Department, in addition to the license required by section 62.620. The Department may impose the same conditions on the owner or custodian of the animal deemed a public nuisance as it may impose on the owner or custodian of dog declared a dangerous dog, enumerated in section 62.674(b). It shall be unlawful for a person to violate any condition the Department imposes pursuant to this subsection.
(c) When the Department determines that a public nuisance exists due to an animal owner or custodian's failure to properly control or care for one or more animals, the Department, in addition to using its abatement powers under subsection (a) to abate any nuisance involving an animal, may require the owner or custodian to register with the Department. This registration need not name a specific animal if the Department is unable to determine which animal or animals were involved. The Department may impose any condition on the owner or custodian enumerated in section 62.674(b) relative to any or all animals the person owns or is the custodian of. The Department may also limit the number of animals or type of animals the owner or custodian may own or have custody of. It shall be unlawful for a person to violate any condition the Department imposes pursuant to this subsection.
(d) If a person fails to properly control or care for one or more animals or the premises where one or more animals are maintained, and the Department determines that person, based on the person's conduct, poses a risk to the health or safety of the public or an animal if that person were to own or have custody of any animal or a specific type or breed of animal, the Department may enter a declaration against the person prohibiting that person from having ownership or custody of any animal or a specific type or breed of animal, for up to five years. It shall be unlawful for a person to violate the terms of the declaration entered pursuant to this subsection. If the Department determines a person violated this section, the Department may, in addition to taking any legal action authorized by this code, enter a new declaration against that person prohibiting that person from having ownership or custody of any animal or a specific type or breed of animal, for up to five years from the date of violation.
(e) Except as provided in subsection (g), the Department shall provide an owner or custodian with at least 10 days notice before impounding or abating an animal of their right to a hearing to contest whether grounds exist for an impoundment or abatement. If the owner or custodian requests a hearing before the Department impounds or abates the animal, the County shall not impound or abate the animal until the conclusion of the hearing except as provided in subsection (g). The Department shall also provide notice to an animal owner or custodian of its intent to proceed under subsection (c) or (d) and advise the owner of the right to request a hearing to contest the Department's determination.
(f) The owner or custodian of an animal who receives a notice under subsection (e) may request a hearing to contest the Department's determination to impound or abate an animal under this section or the Department's determination to proceed under subsection (c) or (d). The owner or custodian's request shall be in writing and the request shall be received by the Department within 10 days. All hearings shall be conducted pursuant to section 62.684.
(g) When the Department determines it is necessary to immediately impound an animal under this section to preserve the public health and safety or the safety of an animal, or if the animal has already been impounded under another provision of law, no pre-impoundment hearing shall be held. The Department shall provide the owner or custodian with written notice allowing 10 days from the date of the notice to request a hearing to contest abatement of the animal. The hearing request shall be in writing and shall be received by the Department within the specified time period. If the owner or custodian requests a hearing, the animal shall not be disposed of until the hearing requirements are satisfied.
Once the hearing procedures enumerated in section 62.684 have been completed and there is a decision that grounds exist to impound or abate an animal under this section or the animal owner or custodian fails to request a hearing, or attend or be represented at a scheduled hearing, the Department may impound or abate an animal deemed a public nuisance under this section.
(h) The owner or custodian of an animal that is required to obtain a public nuisance registration for an animal shall provide at least 15 days advance written notice to the Department of a proposed change in the animal's ownership, custody or residence. The notice shall identify the animal and provide the name, address and telephone number of the proposed new owner or custodian or the proposed new residence. The Department may prohibit the proposed change when the Department has reasonable grounds to believe that the change would be harmful to the public health and safety or the safety of an animal by issuing a written order to the owner or custodian. No person shall fail to comply with an order the Department issues under this subsection.
(i) The owner or custodian who transfers ownership or custody of an animal subject to this section shall provide written notice to the new owner or custodian that the animal requires a public nuisance registration and the terms of any conditions the Department has imposed pursuant to this section. The owner or custodian shall obtain a written acknowledgment signed and dated by the new owner or custodian acknowledging receipt of the notice and acceptance of the conditions the Department imposed. The owner or custodian shall provide the Department with a copy of the notice and the signed acknowledgement from the new owner or custodian.
(j) If an animal that requires a public nuisance registration dies, the owner or custodian shall notify the Department no later than 24 hours after the animal's death. The owner or custodian shall produce the animal's remains when requested by the Department.
(k) If an animal that requires a public nuisance registration escapes, the owner or custodian shall immediately notify the Department of the escape and make every reasonable effort to recapture it. The owner or custodian shall also notify the Department within 24 hours of the animal's recapture.
(l) The owner, custodian or person in possession of an animal that requires a public nuisance registration shall use all reasonable efforts to restrain or confine the animal to prevent it from being at large or from causing damage to any property or injury to any person.
(m) The Department's authority to act under this section is independent of any pending or resolved criminal prosecution, no matter what stage in the proceeding or the result in that case.
(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10098 (N.S.), effective 1-7-11)