1. If the Animal Control Officer (ACO) or peace officer believes an animal has been involved in a disturbance or bite incident, or poses a risk or threat of harm to any person or domestic animal, said officer may then impound the animal. If the enforcement officer determines that the animal cannot be safely captured, the animal may be chemically restrained. Story County will not be held responsible for the death or injury of a believed-dangerous animal due to chemical restraint. As an alternative to impoundment, the ACO may elect to allow the owner to keep the animal at the owner’s home if the owner agrees, in writing, that the animal will be secured at all times and the owner agrees to accept any and all responsibility if the animal is involved in another disturbance or bite incident. Failure to keep the animal secured as set out in the written agreement shall be a simple misdemeanor.
2. If the animal is impounded pursuant to subsection 1, the ACO shall make a reasonable attempt to notify the owner of the animal, if known, of its whereabouts as soon as practical.
3. Once an animal has been impounded pursuant to subsection 1, the ACO shall investigate to determine whether the animal should be declared a dangerous animal. This determination shall be made within seven working days.
4. The owner of an animal determined to be dangerous shall be given written notice. This notice shall include the reasons for the determination and the necessary provisions that must be met for continued ownership.
5. The ACO may impose any condition reasonably necessary to insure public safety upon release of or for continued ownership of a dangerous animal. These provisions shall be documented in writing and a copy of the provisions shall be signed by the owner agreeing to the provisions. There shall be copies on file of this agreement with the Animal Control Department and the owner.
6. It is unlawful to fail to follow the provisions imposed for release or continued ownership of a dangerous animal. This violation may be charged as a civil infraction or as a criminal offense. In addition, the court may order the animal be surrendered and humanely destroyed.
The owner of an animal declared a dangerous animal, and upheld by a hearing, may appeal that declaration or the provisions imposed by filing a notice, in writing, with the Clerk of Court within five working days of receiving the provisions. The District Associate Court shall hear and determine the matter.