(A) It is unlawful to harbor or keep any vicious or ferocious animal within the city.
(B) Any animal who bites another animal or human may be quarantined, in the sole discretion of the Animal Control Officer, for up to ten days to conduct an examination to determine whether the animal is vicious or ferocious as defined at § 90.10.
(C) In the sole discretion of the Animal Control Officer any animal who has displayed any tendency to be vicious or ferocious may be quarantined at the Animal Shelter for evaluation for no longer than 72 hours.
(D) The decision of the Animal Control Officer may be appealed to the Board of Works and Safety by the owner or caregiver of the animal. Any appeal shall be filed within seven calendar days with the City of Shelbyville Clerk Treasurer's office at 44 W. Washington St. Shelbyville, Indiana 46176 and will be heard at the immediately following Board of Works meeting. Upon receipt of an Appeal, the Clerk Treasurer shall provide in writing to the appellant the time and date of the Board of Works hearing.
(E) Board of Works hearing procedure and standard of review:
(1) The Board of Works shall review the determination of the Animal Control Officer de novo.
(2) The Board of Works may hear testimony and accept evidence.
(3) The finding of the Board of Works shall be memorialized in writing in their minutes.
(F) The owner or caregiver of the animal may appeal the decision of the Board of Works. Any appeal shall be filed within 14 calendar days in the Superior or Circuit Courts of Shelby County.
(G) If an appeal is filed under division (D) or (F), the Animal Shelter shall cease any action that is irreversible pending the outcome of the appeal.
(H) Upon the conclusion of all appeal periods any animal that is found to be vicious or ferocious shall be euthanized.
(`81 Code, § 90.12) (Ord. 1855, passed 5-19-86; Am. Ord. 95-2172, passed 6-19-95; Am. Ord. 21-2933, passed 11-15-21) Penalty, see § 10.99