§ 6-1.28. Determination, seizure, impoundment and disposition of vicious, dangerous, or fierce animals.

(a)

Notice and hearing. The Animal Control Officer, Police Officer or the Police Chief's designee, in their discretion or upon receipt of a complaint alleging that a particular dog is a vicious, dangerous or fierce animals, as defined in this chapter, may initiate proceedings to declare such dog a vicious, dangerous or fierce animal. In determining whether or not a animal shall be declared a vicious, dangerous or fierce animal, the Animal Control Officer, Police Officer or Police Chief's designee may consider, as a mitigating factor, that the actions of the animal were provoked, as defined in this chapter. A hearing on the matter shall be conducted by the Police Chief, which shall serve as the administrative agency set up by the City. The person owning, keeping, sheltering or harboring the animal in question shall be given not less than seventy-two (72) hours written notice of the time and place of the hearing. Said notice shall set forth the description of the animal in question and the basis for the allegation of viciousness, dangerousness or fierceness. The notice shall also set forth that if the animal is determined to be vicious, the owner will be required to register and restrain it in accordance with this chapter, remove it from the City, or allow it to be destroyed. 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.

(b)

Decision and order: Police Chief. If, after the hearing, the Police Chief determines that an animal is vicious, dangerous or fierce as defined in this chapter, the Police Chief shall order the person owning, sheltering, harboring or keeping the animal to register the animal in compliance with this chapter or remove it from the City, or to cause it to be destroyed in a humane manner. 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 in three (3) days of its issuance, the Police Chief is authorized to order the seizure and impoundment of the animal. An animal so seized shall be impounded for a period of six (6) days, (not including the day of impoundment), from the date the order is served upon the owner or keeper. If, at the end of the impoundment period, the person against whom the order of the Police Chief was issued has not appealed such order to the City Manager, the Police Chief shall cause the animal to be destroyed.

(c)

Appeal to City Manager. The order to register, remove, or destroy a vicious, dangerous or fierce animal issued by the Police Chief may be appealed to the City Manager. To appeal the order, written notice of appeal must be filed with the City Manager within three (3) days after receipt of the order to remove, register, or destroy the vicious animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the Police Chief. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Manager. The hearing of the appeal shall be held by the City Manager within five (5) days after receipt of the notice of appeal. The hearing may be continued for good cause. After such hearing, the City Manager may affirm, reverse, or modify the order of the Police Chief. Such determination shall be contained in a written decision and shall be made within three (3) days after the hearing, or any continued session thereof.

(d)

Decision and order: City Manager. If, after the hearing, the City Manager determines that an animal is vicious, dangerous or fierce as defined in this chapter, the City Manager shall order the person owning, sheltering, harboring or keeping the animal to register the animal in compliance with this chapter or remove the dog from the City or cause that the animal be destroyed in a humane manner. The order shall immediately be served upon the individual or entity against whom issued in the same manner as notice of hearing. If the order is not complied with within three (3) days of issuance, the City Manager is authorized to order the seizure and impoundment of the animal. An animal so seized shall be held impounded for a period of six (6) days, (not including the day of impoundment), from the date the order is served upon the owner or keeper. If, at the end of the impoundment period, the person against whom the order of the City Manager was issued has not appealed such order to the City Council, the City Manager shall cause the animal to be destroyed.

(e)

Appeal to the City Council. The order to register, remove, or destroy a vicious, dangerous or fierce animal issued by the City Manager or his designee may be appealed to the City Council. In order to appeal the order, written notice of appeal must be filed with the Mayor within three (3) days after receipt of the order to register, remove or destroy a vicious, dangerous or fierce animal. Failure to file such written order of appeal shall constitute a waiver. The notice of appeal shall state the grounds for such appeal and shall be delivered personally. The hearing shall be held within five (5) days after receipt of the notice to appeal. The hearing may be continued for good cause. After such hearing, the City Council may affirm, reverse or modify the order of the Police Chief or City Manager. Such determination shall be contained in a written decision and shall be made within three (3) days after the hearing or any continued session thereof.

(f)

Decision and order: City Council. If the City Council affirms the action of the Police Chief or City Manager, the City Council shall order in its written decision that the person owning, sheltering, harboring or keeping such vicious, dangerous or fierce animal, shall comply with the requirements of this chapter or remove such animal from the City, or cause it to be destroyed in a humane manner. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the order to remove or destroy. If the order of the City Council, after appeal is not complied with within three (3) days of its issuance, the Animal Control Officer or a Police Officer is authorized to seize and impound such vicious, dangerous or vicious animal. Any animal so seized shall be impounded for a period of six (6) days, (not including the day of impoundment), from the date the order is served upon the owner, keeper or caretaker. If at the end of the impoundment period, the individual or entity against whom the decision and order of the Chief of Police was issued has not complied with the order the Animal Control Officer shall cause the animal to be destroyed in a humane manner.

(g)

Violation. Failure to comply with an order of the Animal Control Officer or Police Officer or their designee issued pursuant hereto and not appealed, or of the Police Chief, City Manager or City Council after appeal, shall constitute a misdemeanor.

(h)

Vicious, dangerous or fierce animals at large. Any animal found at large which displays vicious, dangerous or fierce tendencies may be processed as a vicious, dangerous or fierce animal pursuant to the foregoing.

(i)

Vicious, dangerous or fierce animals impounded. Any animal which is alleged to be vicious, dangerous or fierce 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 and all appeals. All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be vicious, dangerous or fierce. If collection of expenses is pursued through the court, the City shall file suit and receive a judgment for all expenses, together with reasonable attorney's fees, interest and court costs. If the animal is not determined to be vicious, all costs of such impoundment or quarantine shall be paid by the City.

(§ 1, Ord. 666, eff. April 6, 2002)