(A) The animal control officer or designee, in his or her discretion or upon receipt of a complaint alleging that a particular animal is a "vicious animal" as defined herein, may initiate proceedings to declare such animal a vicious animal. A hearing on the matter shall be conducted by the municipal hearing officer or Magistrate. The person owning, keeping, sheltering or harboring the animal in question shall be given not less than 72 hours' written notice of the time and place of said hearing. Said notice shall set forth the description of the animal in question and the basis for the allegation of viciousness. The notice shall also set forth that if the animal is determined to be vicious, the owner may be required to securely confine the animal within a proper enclosure, allow the animal to be destroyed or comply with additional or alternative terms and conditions imposed by the City Council or its designee. Once proceedings have been initiated to declare such animal a vicious animal, the animal shall not be removed from the city and transferred to another city unless and until it is decided that the animal is not vicious. The notice shall be served upon any adult residing at the premises where the animal is located, or may be posted on those premises if no adult is present to accept service.
(B) If, after hearing, the municipal hearing officer or Magistrate determines that the animal is vicious, the hearing officer or Magistrate shall order the person, firm or corporation owning, sheltering, harboring or keeping the animal to securely confine the animal within a proper enclosure, cause it to be destroyed in a humane manner, or comply with additional or alternative terms and conditions. Once a determination has been made that the animal is vicious, the animal shall not be removed from the city and transferred to another city. The order shall immediately be served upon the individual or entity against whom issued in the same manner as the notice of hearing. The individual or entity so served shall have three business days from the date of service to file a written appeal of the hearing officer's or Magistrate's order to the City Council who may confirm or alter the findings of the hearing officer or Magistrate after holding a public hearing on the matter. If the order is not complied with within a time period the city has deemed to be reasonable, and the order is not appealed to the City Council as provided above, the animal control officer is authorized to seize and impound the 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 order of the hearing officer or Magistrate was issued has not petitioned the district court for a review of said order, the animal control officer shall cause the animal to be destroyed.
(C) Failure to comply with an order of the hearing officer or Magistrate or Council issued pursuant hereto shall constitute a simple misdemeanor, and is also punishable pursuant to this code.
(D) Any animal found at large which displays vicious tendencies may be impounded and processed as a vicious animal pursuant to the foregoing, unless the animal is so vicious that it cannot safely be apprehended, in which case the animal control officer may immediately destroy it. If an animal is so impounded, the animal control officer shall try to ascertain and contact the owner of the animal, but if unable to ascertain the owner within 72 hours of the animal's seizure, the animal control officer may destroy the seized animal in a humane manner.
(E) Any animal which is alleged to be vicious and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing. All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be vicious. If the animal is not determined to be vicious, all costs of such impoundment or quarantine shall be paid by the city.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022)