If it is determined by the hearing officer that the animal is not dangerous or vicious, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, then the following conditions will be enforced:
A. Training will be required of the owner and the animal, and the hearing officer, in consultation with the animal control officer, shall set a probationary period and shall set the terms and conditions of the training and other tasks to be completed by the owner during such period;
B. The current license will be revoked, and a “provisional” dog license will be issued during the probationary period;
C. After submission of evidence to the animal control officer of successful completion of the probationary period, the dog shall be issued a current city dog license.
D. Any violation of the probation terms set forth by the hearing officer will result in immediate impoundment. Within ten (10) business days of such impoundment, the animal control officer shall set a hearing with the hearing officer for the purpose of making a new determination whether the animal is dangerous or vicious and shall notify the animal's owner of such hearing. All of the evidence of the previous hearing or hearings as well as new evidence regarding the violation of the probation terms shall be considered by the hearing officer. The hearing shall be conducted in the manner specified in Section 6.16.040. At the conclusion of the hearing, the hearing officer may either establish new provisional license requirements or determine that the animal is dangerous or vicious.
(Ord. 2019-09 § 2, 2019; Ord. 2004-22 § 2 (part), 2004: Prior code § 4642)