1. In the event that an illegal animal is found at large and unattended upon public property, or the property of someone other than its owner, thereby creating a hazard to person or property, such animal may, in the discretion of the Chief of Police or the Chief’s designee, be destroyed. The City shall be under no duty to attempt the confinement or capture of an illegal animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
2. Upon the complaint of any individual that a person is keeping, sheltering, or harboring an illegal animal on premises in the City, the Chief of Police shall cause the matter to be investigated; and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring an illegal animal in the City, the Chief of Police shall order the person named in the complaint safely to remove such animal from the City, permanently place the animal with an organization or group allowed under Section 57.02 of this chapter to possess illegal animals, or destroy the animal, within three days of the receipt of such order. Such order shall be contained in a notice to remove the illegal animal, which notice shall be given in writing to the person keeping, sheltering, or harboring the animal and shall be served personally or by certified mail. Such order and notice to remove the illegal animal shall not be required where such animal has previously caused serious physical harm or death to any person in which case the Chief of Police shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical injury or death to any person.
3. The order to remove an illegal animal issued by the Chief of Police may be appealed to the City Administrator. In order to appeal such order, written notice of appeal must be filed with the City Administrator within three days after receipt of the order contained in the notice to remove the illegal animal. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order of the Chief of Police.
4. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Administrator. The hearing of such appeal shall be scheduled within seven days of the receipt of notice of appeal. After such hearing, the City Administrator may affirm or reverse the order of the Chief of Police. Such determination shall be contained in a written decision and shall be filed with the City Administrator within three days after the hearing, or any continued session thereof.
5. If the City Administrator affirms the action of the Chief of Police, the City Administrator shall order in its written decision that the individual or entity owning, sheltering, harboring, or keeping such illegal animal, remove such animal from the City, permanently place such animal with an organization or group allowed under Section 57.02 of this chapter to possess illegal animals, or destroy it. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice of removal. If the original order of the Chief of Police is not appealed and is not complied with within three days, or the order of the City Administrator after appeal is not complied with within three days of its issuance, the Chief of Police is authorized to seize and impound such illegal animal or kill the animal if seizure and impoundment is not possible without risk of serious physical injury or death to any person. An animal which is seized shall be impounded for a period of seven days. If at the end of the impoundment period the individual or entity against whom the decision and order of the City Administrator was issued has not petitioned the Polk County District Court for a review of said order, the City Administrator shall cause the animal to be disposed of by sale, permanently place such animal with an organization or group allowed under Section 57.02 of this chapter to possess such animals, or destroy such animal in a humane manner. Failure to comply with an order issued pursuant to this chapter shall constitute a misdemeanor offense.