(A) The Chief of Police or his or her designee shall upon receipt of reliable information make a determination that an animal is a dangerous animal. Notice of said determination shall be personally delivered or shall be sent by certified letter to the owner or harborer. The owner or harborer of the animal may, within five days of receipt of said notice, request a detention hearing by requesting the same, by written request, to the Mayor. If the owner or harborer does not make such written request within five days as set forth herein, the animal determination shall be conducted in the following manner:
(1) A determination hearing shall be conducted by the Mayor or his or her designee whenever there is cause to believe that the animal may be a "dangerous animal" as defined in § 91.033. The hearing shall be conducted within five days of serving notice to the owner or harborer, by certified letter.
(2) Pending the outcome of such a hearing, the animal must be securely confined in a humane manner either on the premises of the owner or harborer, with a licensed veterinarian, or confined by the city.
(3) Mayor shall determine whether to declare the animal to be a dangerous animal based upon the evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident(s) which may be considered germane to such a determination, Health Department personnel, animal control personnel, police, or any person possessing information pertinent to such determination.
(4) The Mayor shall issue written finding within five days after the determination hearing. The owner or possessor of the animal found to be dangerous by this hearing has the right to appeal the decision within three days of receiving the decision to the City Court.
(B) The owner or harborer of a dangerous animal shall restrain the animal in the following manner:
(1) While on the owner or harborer's property, a dangerous animal must be securely confined indoors or in a securely enclosed and locked pen or structure which must have minimum dimension of five feet by ten feet and must have secure sides and secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the animal.
(2) A dangerous animal may be off the owner's premises if it muzzled and restrained by a substantial chain or leash not to exceeding six feet in length and under the control of a responsible person. Muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any person or animal.
(Ord. 2005-12, passed 11-7-05) Penalty, see § 91.999