The People for Pets Humane Society, or Twin Falls County sheriff's office shall capture, impound and may destroy any dog found to be vicious pursuant to this section. Notice in terms of impoundment, determination of viciousness and disposal of such dog shall be as follows:
A. Record Of Impounding: Immediately after impounding any dog hereunder, it shall be the duty of the People for Pets Humane Society, to enter upon the records of the animal shelter the date of impounding and the description of the dog impounded under a charge of viciousness.
B. Determination Of Vicious Dog:
1. In the event the Twin Falls County sheriff's officer has probable cause to believe a dog is vicious, the Twin Falls County sheriff's officer shall capture and impound such dog. In the event the owner of the dog refuses to surrender the dog to the Twin Falls County sheriff's officer, the Twin Falls County sheriff's officer may employ any legal means to seize the dog and shall issue a citation to summon the owner of the dog into magistrate court in the fifth judicial district in the state of Idaho in and for the county of Twin Falls. In the event no owner of a dog impounded under a charge of viciousness can be found within forty eight (48) hours from time of impoundment, the dog shall become the sole property of the People for Pets Humane Society and shall be destroyed.
2. Upon the issuance of a summons, the court shall set a date and time for a hearing to determine whether a dog is vicious as defined in section 5-6-1 of this chapter. The hearing procedures shall be governed by the Idaho rules of civil procedure with the burden of proof on the owner of the dog to show the dog is not vicious.
C. Destruction Of Vicious Dog:
1. If the court finds the dog is vicious as defined in section 5-6-1 of this chapter, such dog shall be subject to destruction by the People for Pets Humane Society or a designated agent of Twin Falls County.
2. If the court finds that the dog is not vicious as defined in section 5-6-1 of this chapter, such dog may be released to the custody of the owner upon payment to the pound or People for Pets Humane Society of the expenses of impounding such dog. (Ord. 133, 6-26-1995)