Any person within the city who complains of an animal being dangerous may submit a complaint in writing to the Animal Control Officer. The Animal Control Officer shall see that the complaint is served upon the animal owner and/or the property owner of where the alleged incident occurred. Service shall be made by sheriff or by certified mail. Avoidance of service shall not bar enforcement of this section. Lack of knowledge or intent is no defense. Within seven days of filing the complaint the animal owner and/or property owner of where the alleged incident occurred shall contest the allegations by responding to the allegations in writing and returning the response to the Animal Control Officer. The Animal Control Officer shall provide the complaining party with a copy of the response. A hearing shall be held within 14 days of the response before the Mayor. Upon review of all the evidence, the Mayor shall make a determination as to whether the animal is dangerous. The decision shall be final and the aggrieved party may appeal within ten days to the City Council for reconsideration. Failure to contest the complaint shall deem the allegations true and shall be prima facie evidence that the animal is dangerous. Once an animal is determined to be a dangerous animal, the animal shall always be classified as a dangerous animal and shall be subject to all rules and regulations governing a dangerous animal, unless and until the animal is found to be a vicious animal.
(Ord. 2002-0006, passed 8-12-02) Penalty, see § 90.99