(A) A determination that a specific dog is a potentially dangerous dog shall be made by the Deputy City Attorney who is principally charged with the responsibility of filing complaints against persons charged with the violation of any ordinance of the city. The owner of the dog shall be given written notice of such determination. Such written notice shall inform the owner that if the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals, the city may determine the dog to be a dangerous dog and require it to be restrained as provided in this code.
(B) The city may, in its discretion, determine that any dog which satisfies the definition of a dangerous dog as defined elsewhere in this article, or any dog which has been determined to be potentially dangerous and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals is a dangerous dog. Such determination shall be made by the Deputy City Attorney who is principally charged with the responsibility of filing complaints against persons charged with the violation of any ordinance of the city. The owner of the dog shall be given written notice of such determination. The notice shall be in writing and shall inform the owner that:
(1) The dog has been determined to be dangerous;
(2) Such dog is required to be restrained and confined as described in this article;
(3) If the owner disputes the identification of the dog as a dangerous dog, he or she may submit a written request for a hearing to the City Manager within five working days after receipt of the written notification; and
(4) If no such hearing is requested that the identification of the dog as a dangerous dog shall be final and not subject to further review.
(C) The timely request for a hearing under this section shall stay the determination of the dog as a dangerous dog until a final decision is made by the City Manager. The hearing shall be held before the City Manager. The burden of going forward with the evidence shall be on the city to demonstrate that the dog meets one of the criteria defined in this section. After such hearing, the City Manager shall have the authority to affirm, reverse, or modify the identification of the dog as a dangerous dog. The failure of the owner to request such a hearing shall result in the dog being declared a dangerous dog.
(Ord. 3580, passed - -1998)