(a) In the event that the County Animal Control Officer, the City Manager, an animal warden or law enforcement agent has probable cause to believe that a vicious or dangerous dog is being harbored or cared for in violation of this chapter, the Animal Control Officer or his designee may petition a Municipal Court or a Court of competent jurisdiction to order the seizure and impoundment of the vicious or dangerous dog pending trial.
(b) When the City Manager or his designee, the Ohio County Animal Control Officer, animal warden or law enforcement agent, intends to impound a dog declared to be dangerous or vicious for violation of Section 508.07 he shall notify the owner or custodian of the dog, by certified mail, of the intended impoundment at least five (5) business days prior to the intended impoundment except as provided in Section 508.10.
(c) The notice of intent to impound shall inform the owner or custodian of the dog that he may request in writing, within five (5) business days prior to the intended impoundment, a hearing before the City Manager to contest the intended impoundment and finding of violation.
(d) Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (c) hereof, a hearing shall be held within ten (10) business days after the request for a hearing. Notice of the date, time and location of the hearing shall be provided by certified and regular mail to the dog’s owner or custodian requesting such hearing.
(e) If the owner or custodian requests a hearing pursuant to subsection (c) hereof, no impoundment shall take place until conclusion of the hearing, except as authorized in Section 508.10.
(f) Nothing in this section shall be construed to limit the authority of the Animal Control Officer or his designee from otherwise seizing any animal maintained in violation of this code which presents an immediate risk of physical harm to any person or property.
(g) The owner shall pay all expenses including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding of and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the elimination of any such dog during any legal proceeding or any period of appeal regardless of the outcome. Each day that such violation continues shall be considered a separate violation.
(Ord. 13176. Passed 1-17-06.)