§ 91.079 ABATEMENT OF NUISANCE ANIMALS.
   When it reasonably appears to the Director, or his or her designee, that any animal is a NUISANCE, as defined in § 91.002, Animal Control may, in order to abate:
   (A)   Either relocate or euthanize the animal after obtaining written consent from the owner;
   (B)   If written consent from the animal owner cannot be readily obtained, the Director may file a complaint with the local Justice Court seeking abatement of the animal, which shall include:
      (1)   The facts as determined by Animal Control;
      (2)   Indicate that the owner is maintaining a nuisance animal;
      (3)   State the nature of the nuisance; and
      (4)   State the recommended abatement measure sought by Animal Control.
   (C)   Until abatement can be taken voluntarily or ruled upon by the Court, the nuisance animal(s) may be impounded by Animal Control. In a Justice Court proceeding, the Justice Court may:
      (1)   Deny the complaint and rule on the disposition of the animal;
      (2)   Approve the complaint and rule on the method of abatement, along with any rules and restrictions relating to the same, in the interest of public health and safety;
      (3)   Abatement by relocation is not a viable option for animal(s) that bite or are a serious threat, such as a vicious dog; and
      (4)   If the Court determines that the animal is a nuisance, the owner shall reimburse Animal Control for impoundment fees incurred during the proceeding.
(Prior Code, § 9.08.140) (Ord. 04-2013, passed 3-6-2013)