508.04 ALTERNATIVE PROCEDURE FOR DECLARING A DOG DANGEROUS OR VICIOUS.
   (a)    An Animal Control Officer or any adult person may request under oath that a dog be classified as dangerous or vicious as defined by submitting a sworn, written complaint on a form approved by the City Manager. Upon receipt of such complaint, the City Manager, or his/her designee, shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.
   (b)   Criteria to be considered during the above investigation shall include, but not be limited to the following:
      (1)   Provocation;
      (2)   Severity of attack or injury to a person or domestic animal;
      (3)   Previous aggressive behavior of the dog;
      (4)   Site and circumstances of the incident; and
      (5)   Statements from interested parties.
   (c)    At the conclusion of an investigation, the City Manager may:
      (1)   Determine that the dog is not dangerous or vicious and, if the dog is impounded, may waive any impoundment fees incurred and order the release of the dog to its owner; or
      (2)   Determine that the dog is dangerous or vicious and order the owner to comply with the requirements for keeping dangerous or vicious dogs set forth in Section 508.07, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment.
         (Ord. 13176. Passed 1-17-06.)