(a) The Chief of the Animal Control Division may do any of the following with regard to an animal which has been determined to be vicious in accordance with Section 6-1.1003 of this article:
(1) Retain the animal for observation for a period not to exceed fourteen (14) days;
(2) Release the animal to the owner upon such conditions as are reasonably determined to be necessary to insure the public health, safety, and welfare and which may include, but need not be limited to, requiring (a)that the animal be securely muzzled, leashed, and under the control of a person eighteen (18) years of age or older who is physically capable of restraining the animal whenever the animal is off the premises, (b)that the animal be confined on the owner’s premises in an enclosure approved by the Chief of the Animal Control Division, and (c)that the owner demonstrate financial responsibility by posting a bond or certificate of insurance for not less than Ten Thousand and no/100ths ($10,000.00) Dollars. The owner shall agree that a violation of any of the conditions imposed upon the release of the animal may result in the animal being impounded and destroyed; or
(3) Cause the animal to be destroyed if, in the opinion of the Chief of the Animal Control Division and the Chief of the Environmental Health Division, the release of such animal would create a significant threat to the public health, safety, and welfare.
(b) The Chief of the Animal Control Division shall notify the owner of the animal of the intended disposition of the animal pursuant to subsection (a)of this section within three (3) days of such decision. In the event the Chief of the Animal Control Division determines pursuant to said subsection (a)that the animal is to be destroyed, the notice shall be given at least five (5) days in advance of the intended action and at least ten (10) days in advance of such action if notice is given by mail. Such notice may be served personally or by mail. Service shall be deemed to be complete and effective upon deposit with the United States Postal Service.
The notice shall contain the following:
(1) A summary of the facts upon which the Chief of the Animal Control Division has based the determination that the animal is a vicious animal;
(2) The intended disposition of the animal and the reasons therefor;
(3) A copy of the provisions of this article, if not already provided to the owner; and
(4) Notice of the owner’s right to a hearing pursuant to Section 6-1.1005 of this article.
If additional information is subsequently obtained, the Chief of the Animal Control Division shall not be limited to the facts, incidents, and reasons set forth in the notice in any administrative or judicial proceeding reviewing the determinations and decisions made pursuant to this article. (§ 2, Ord. 950, eff. June 2, 1983)