(A) Ownership/possession prohibited. No person shall own, keep, or harbor a dangerous animal within the city; provided, this section shall not apply to animals under the control a law enforcement or military agency. For the purpose of this chapter, an animal may be declared dangerous by the Director of Animal Control if the animal exhibits vicious behavior in present or past conduct, including but not limited to:
(1) (a) Evidence that the animal has, without provocation, bitten or attacked a person one time.
(b) Did bite or attack a person or an animal once causing wounds or injuries creating a potential danger to the health or life of the victim.
(c) Could not be controlled or restrained at the time of a bite or attack upon an animal or person.
(d) A dog that has been purchased, bred, sold, trained, or harbored for the purpose of dog fighting.
(2) That in order to preserve the public health, safety, and welfare of the community, the destruction of said animal is necessary.
(B) Determination and appeals procedure. Whenever an animal is declared dangerous, the Director of Animal Control shall notify the animal's owner or custodian of the declaration and the Department of Animal Control's intent to euthanize the animal unless the determination is timely appealed hereunder. Notice of the declaration shall be served either in person or by certified or registered mail. The animal, if not already held in quarantine at the Department of Animal Control, shall be surrendered to the Director of Animal Control.
(1) Any decision of the Director of Animal Control under the provisions of these divisions may be appealed to the Board of Public Works and Safety (BOW). The appeal of the owner to the Board shall be in writing and be filed with the Director of the Board within ten days after receipt of notification from the Director of Animal Control that said animal has been found to be dangerous. The disposition of any animal shall be stayed during the pendency of such appeal. The animal shall remain at the Department of Animal Control during the appeal process.
(2) Upon receipt of a written appeal, the Board shall provide notice and conduct an adjudicative hearing in accordance with the terms of I.C. 4-21.5 et seq. Thereafter, the Board shall render a decision that said animal is dangerous and must be euthanized, or is not dangerous and should be returned to the owner. The decision of the Board shall be final and binding upon the city and upon the appellant. This decision may be appealed according to the provisions of I.C. 4-21.5-5-1 et seq.
(C) Costs. The owner of any animal which is impounded and/or euthanized under this section shall be held responsible for payment of any expenses so incurred by the Department of Animal Control, and failure to pay such fee to the Department within 15 days after destruction or return of such animal shall constitute a violation of the chapter.
(Ord. 14-2004, passed 12-13-04; Am. Ord. 8-2009, passed 10-13-09) Penalty, see § 91.999