(A) It shall be a violation of this chapter for any person to keep or harbor, within the corporate limits of the city, any animal deemed to be vicious, as defined in this chapter. The provisions of this section shall not apply to animals owned by any police agency, police officer, or military organization which are used in the performance of law enforcement or search and rescue.
(B) In the event that an officer has probable cause to believe that an animal is vicious, the animal control authority or law enforcement authority shall notify the owner of the dog, if known, that the animal must be removed from corporate city limits within 24 hours of the time of notification. If said animal is at large, every effort should be made to impound the dog.
(C) (1) Officers are hereby empowered to make inquiry as deemed necessary to ensure compliance with the provisions of this section, and any such officer is hereby empowered to seize and impound any vicious animal whose owner fails to comply with the provisions hereof.
(2) In the event that the owner of the animal refuses to surrender the animal to the officer, said officer shall make application for a search warrant to seize the animal upon execution of the warrant.
(D) If, at the time of notification, the owner of an animal deemed to be vicious should contest the determination of the investigating authority, he or she shall have the opportunity to appeal the decision to the City Council.
(1) A notice of appeal and request for hearing shall be filed by the owner of the animal; and shall be in writing and filed with the City Clerk/Treasurer, within ten days from the determination that the animal is vicious.
(2) Upon receipt of said written notice of appeal and request for hearing, the City Clerk shall schedule a public hearing on the issue before the City Council within ten days of receipt of the notice of appeal and request for hearing. The hearing shall be informal and strict rules of evidence shall not apply.
(a) At this public hearing, the owner shall be given the time and opportunity to present evidence of why the animal should not be determined to be vicious. The owner may be represented by legal counsel, may present oral and written evidence, and may cross-examine witnesses. The investigating authority shall also have the time and opportunity to present evidence as to why the animal was determined to be vicious.
(b) The City Council shall issue a declaration as to the viciousness of the animal within seven days after the close of the hearing and shall notify the owner, in writing, of the declaration. The declaration shall set forth specific grounds for the City Council’s declaration in the form of findings of fact, conclusions of law, and declaration.
(3) (a) The decision of the City Council shall be a final decision.
(b) The adversely-affected party may then appeal the City Council’s final decision to the District Court, in accordance with state law.
(c) During the appellate period, however, the animal shall be treated as vicious and the owner shall comply with all conditions and requirements of this chapter in handling vicious animals.
(Prior Code, § 5-4A-15) (Ord. 2013-02, passed 7-10-2013) Penalty, see § 90.999