(A) Any dog when suspected of being dangerous as defined by this chapter shall be seized and impounded by the Animal Control Officer pursuant to the terms and conditions provided herein.
(B) Any dog seized pursuant to this chapter shall be impounded until a final disposition as to whether the dog is dangerous is made. The Animal Control Officer shall take all reasonable action to determine the identity of the impounded dog. If the owner can not be identified within five days of the dog’s impoundment, unless earlier disposal is recommended by a veterinarian, the Animal Control Officer may humanely destroy the dog in accordance with this chapter.
(C) (1) The owner of any seized and impounded dog suspected to be dangerous shall be notified by the Animal Control Officer by certified mail, return receipt requested, or personal delivery of the owner’s right to a hearing before the Commissioner of Public Health and Safety to determine whether the dog is dangerous. This notice shall require that the owner return within seven days of receiving such notice by certified mail or personal delivery a signed statement indicating whether the owner wishes the hearing to be conducted or, if not, that the owner waives his or her right to such hearing and agrees to abide by the findings of the Animal Control Officer or agrees to relinquish ownership of such dog, in which case the Animal Control Officer shall dispose of the impounded dog in accordance with the terms of this chapter.
(2) If the owner cannot be notified by certified mail, return receipt requested, refuses to sign for the certified letter or does not reply to the certified letter with a signed statement within seven days of receipt thereof, the Animal Control Officer shall be empowered to dispose of the dog in accordance with the terms of this chapter.
(D) Within 21 days of the Animal Control Officer’s receipt of a request for hearing pursuant to this section, a hearing shall be held by the Commissioner of Public Health and Safety. If a hearing is not held within that time frame, the dog shall be released to its owner and the charges made pursuant to this section shall be dismissed, unless the delay is requested by the owner and approved by the Commissioner.
(E) Upon an adverse determination by the Commissioner of Public Health and Safety, the owner of any seized or impounded dog pursuant to this section may appeal to the Mayor and City Council for relief at the next regularly scheduled City Council Meeting. Upon final determination by the Mayor and City Council that the finding of the dog to be dangerous is upheld, the owner may appeal such decision to a court of competent jurisdiction within 30 days of decision of the Mayor and City Council. No animal shall be destroyed pending the appeal rights of the owner of such seized or impounded animal. Upon expiration of the appeal rights of said owner, the Animal Control Officer shall cause the dangerous dog to be humanely destroyed at the owner’s expense as soon as practicable.
(F) The owner of any animal brought into or kept within the city that has been declared by another jurisdiction to be dangerous, or like term, shall be issued a notice of violation directing the removal of the animal from the city within ten days. The owner of the animal in question may appeal such notice and directive within said ten-day period to the Commissioner of Public Health and Safety. If, on appeal, a finding is made that an animal has been declared dangerous or like term by another jurisdiction, the Commissioner shall order that the animal be removed from the city within ten days.
(G) If the owner of the animal in question fails to either remove the animal or appeal the notice of violation or fails to remove the animal as ordered by the Commissioner of Public Health and Safety, the animal shall then be seized by the Animal Control Officer and humanely destroyed at the owner’s expense.
(1994 Code, § 91.37) (Ord. 07-07, passed 11-13-2007)