(A) In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to person or property, such animal may, in the discretion of the animal control officer or the Chief of Police, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
(B) Upon the written complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal on premises located in the city, the animal control officer shall cause the matter to be investigated and, if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous animal in the city, the animal control officer shall order the person named in the complaint to permanently place the animal with an organization or group allowed under § 90.04 to possess dangerous animals, or destroy the animal, within three business days of the receipt of such order. Such order shall be contained in a notice, which shall be given in writing to the person keeping, sheltering or harboring the dangerous animal, and shall be served personally or by certified mail. Such order and notice shall not be required where such dangerous animal has previously caused serious physical harm or death to any person, in which case the animal control officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
(C) The order issued by the animal control officer may be appealed to the City Council. In order to appeal such order, written notice of appeal must be filed with the City Clerk within three business days after receipt of the order. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order of the animal control officer.
(D) The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Clerk. The hearing of such appeal shall be scheduled within 14 business days of the receipt of notice of appeal. After such hearing, the City Council may affirm or reverse the order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the City Clerk within three business days after the hearing, or any continued sessions thereof.
(E) If the City Council affirms the action of the animal control officer, the Council shall order in its written decision that the individual or entity owning, sheltering, harboring or keeping such dangerous animal, permanently place such animal with an organization or group allowed under § 90.04 to possess dangerous animals, or destroy it. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice. If the original order of the animal control officer is not appealed and is not complied with within three business days, or the order of the City Council after appeal is not complied with within three business days of its issuance, the animal control officer is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven calendar days. If, at the end of the impoundment period, the individual or entity against whom the decision and order of the City Council was issued has not petitioned the district court for a review of said order, the city shall cause the animal to be disposed of by sale, permanently place such animal with an organization or group allowed under § 90.04 to possess dangerous animals, or destroy such animal in a humane manner. Failure to comply with an order of the city issued pursuant hereto shall constitute a simple misdemeanor and is also punishable pursuant to this code.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022)