§ 91.12 IMPOUNDMENT AND DISPOSITION; VICIOUS ANIMAL.
   (A)   It shall be the duty of the Police Chief, or his or her designated representative, upon receipt of a verified complaint, to cause the animal involved to be impounded pending a vicious animal determination as required by this section. The owner shall immediately surrender possession of the animal when presented with a copy of the complaint. Each day that the owner fails or refuses to allow the Police Chief, or his or her designated representative, to impound an animal shall be a separate offense. Any and all expenses associated with the impoundment, including costs of shelter, food, handling, and veterinary care, shall be borne by the owner of such animal during the period of impoundment.
   (B)   (1)   Upon receipt of a verified complaint, the Police Chief, or his or her designated representative, shall promptly hold a hearing to determine if an animal shall be declared vicious or dangerous.
      (2)   The verified complaint may be filed by a citizen, a police officer, or an animal control officer, and shall clearly state the facts and circumstances surrounding determinations at the hearing:
         (a)   The animal is in fact not vicious. In that event, the Police Chief shall cause it to be surrendered to the owner;
         (b)   The animal is in fact vicious and should be destroyed; or
         (c)   The animal is vicious, but that for good cause shown, the animal should not be destroyed. In that event, the Police Chief shall order the animal permanently removed from the town limits.
   (C)   The owner may appeal the determination of the Police Chief to the Municipal Court by requesting a hearing within five days of the determination. The Municipal Judge shall hold a hearing de novo within ten days of the impoundment to determine if the animal is vicious as defined by this chapter and shall be empowered to make a determination based upon division (B) above.
(Prior Code, Ch. 3, Art. 1, § 14)