1. The Chief of Police, in his or her discretion or upon receipt of a complaint alleging that a particular animal is a dangerous animal as defined herein, may initiate proceedings to declare such animal a dangerous animal. If the owner contests said designation, a hearing on the matter shall be conducted by the City Administrator. The person owning, keeping, sheltering, or harboring the animal in question shall be given not less than 72 hours’ written notice of the time and place of said hearing. Said notice shall set forth the description of the animal in question and the basis for the allegation of dangerousness. The notice shall also set forth that if the animal is determined to be dangerous, the owner may be required to license and confine the animal as required by this chapter. The notice shall be served upon any adult residing at the premises where the animal is located or may be posted on those premises if no adult is present to accept service.
2. If, after hearing, the City Administrator determines an animal is a dangerous animal, or a dangerous animal held in violation of this chapter as set out in the notice of hearing, the City Administrator shall order the person owning, sheltering, harboring, or keeping the animal to license and confine the animal as required by this chapter, or remove it from the City. The order shall immediately be served upon the individual or entity against whom issued in the same manner as the notice of hearing. If the order is not complied with within three days of its issuance, the City Administrator is authorized to seize and impound the animal. An animal so seized shall be impounded for a period of seven days. If at the end of the impoundment period, the person against whom the order of the City Administrator was issued has not appealed such order to the City Council, or has not complied with the order, the City Administrator shall cause the animal or animals to be destroyed.
3. The order to license, confine, or remove a dangerous animal from the City issued by the City Administrator may be appealed to the City Council. 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. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order of the City Administrator.
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 twenty (20) days of the receipt of notice of appeal. The hearing may be continued for good cause. After such hearing, the City Council may affirm or reverse the order of the City Administrator. 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. The hearing shall be confined to the record made before the City Administrator, the arguments of the parties or their representatives, any additional evidence which was not available at the time of the hearing before the City Administrator, and any other information the City Council deems necessary.
5. If the City Council affirms the action of the City Administrator, the City Council shall order in its written decision that the person owning, sheltering, harboring, or keeping such dangerous animal shall license and confine said animal as required by this chapter or remove such animal from the City. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice set out in subsection 1 of this section. If the original order of the City Administrator is not appealed and is not complied with within three days or the order of the City Council after appeal is not complied with within three days of its issuance, the Chief of Police is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven days. If at the end of the impoundment period, the person against whom the decision and order of the City Administrator or the City Council was issued has not petitioned the Polk County District Court for a review of said order or has not complied with the order, the City Administrator shall cause the animal to be destroyed in a humane manner.
6. Failure to comply with an order of the City Administrator issued pursuant hereto and not appealed, or of the City Council after appeal, is a misdemeanor.
7. Any animal which is alleged to be dangerous and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing. All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be dangerous. If the animal is not determined to be dangerous, all costs shall be paid by the City except costs attributable to initial confinement prior to notice or costs of any required quarantine which shall nonetheless be paid by the owner.