8.06.040 - Dangerous animal—Procedures.

(a)

Hearing. The chief animal control officer shall conduct a hearing to determine whether or not a dog or other animal confined or impounded pursuant to Section 8.06.030 is a dangerous animal. The hearing shall be conducted in an informal manner, and shall afford the owner and the owner's witnesses a full opportunity to be heard. Notice of the time and place of the hearing shall be served upon the owner, either personally or by prepaid first class mail, within seven days after the impoundment of the animal and at least seven days prior to the hearing.

(b)

Dangerous Animal—Declared. The chief animal control officer, after a hearing, may declare any dog or other animal to be a dangerous animal whenever it has bitten, attacked or caused injury to any human being or other animal.

(c)

Determination of Dangerous Animal—Evidence. In making a determination that a dog or other animal is or is not dangerous, evidence of the following shall be considered:

(1)

Any previous history of the dog or other animal attacking, biting or causing injury to a human being or other animal;

(2)

The nature and extent of injuries inflicted and the number of victims involved;

(3)

The place where the bite, attack or injury occurred;

(4)

The presence or absence of any provocation for the bite, attack or injury;

(5)

The extent to which property has been damaged or destroyed;

(6)

Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

(7)

Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;

(8)

Whether the dog or other animal can be effectively trained or re-trained to change its temperament or behavior;

(9)

The manner in which the dog or other animal had been maintained by its owner or custodian;

(10)

Any other relevant evidence concerning the maintenance of the dog or other animal;

(11)

Any other relevant evidence regarding the ability of the owner or custodian, or the chief animal control officer, to protect the public safety in the future if the dog or other animal is permitted to remain in the city.

(d)

Dangerous Animal—Disposition.

(1)

It is unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the chief animal control officer, after a hearing, to be dangerous.

(2)

Any dog or other animal declared by the chief animal control officer to be dangerous, if not already impounded by the chief animal control officer, shall be immediately surrendered to the chief animal control officer, and it is the duty of the chief animal control officer to take up and impound any such dog or other animal.

(3)

Any dog or other animal declared to be a dangerous animal shall be humanely destroyed. The chief animal control officer shall sign an order authorizing the destruction of the dog or other animal within two days after the time for appeal as provided in Section 8.06.050 has passed without an appeal being filed, or after the fifth day after the city council's decision affirming that the dog or other animal is a dangerous animal has been served upon the chief animal control officer and the appellant.

(e)

Dog or Other Animal—Not Dangerous—Procedure. If it is determined that the dog or other animal is not dangerous, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the dog license or animal permit may:

(1)

Be revoked if it is determined that the owner or custodian is unable or unwilling to properly train, handle or maintain the dog or other animal and a similar incident is likely to occur in the future in the absence of proper training, handling or maintenance; or

(2)

Be reissued with reasonable terms, conditions or restrictions imposed for the training, handling or maintenance of the dog or other animal to protect the public health, safety and welfare if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance.

(f)

Revoked License—Previously Impounded or Confined.

(1)

If a dog or other animal has been impounded or confined pursuant to Section 8.06.030 and its license or permit has been revoked pursuant to subsection (e)(1) of this section and the owner or custodian wishes to reclaim and remove it from the city, the chief animal control officer shall release it provided that the dog or other animal is taken to its new location immediately and directly upon its release from impound or confinement. Failure to remove the dog or other animal permanently, immediately and directly from the city upon release from impound or confinement is a misdemeanor. All pound fees shall be paid prior to the release of the dog or other animal.

(2)

Any dog or other animal which has previously been impounded or otherwise confined and which has not been claimed within five calendar days of service of a notice of revocation of its license or permit shall be deemed abandoned and shall be disposed of by the chief animal control officer in accordance with this chapter. Notwithstanding the above, the owner may enter into a written agreement with the chief animal control officer to take additional time to remove, or to cause the dog or other animal to be removed, to a new location outside the city. Such additional time shall not exceed ten days. All pounds fees shall be paid prior to the release of the dog or other animal.

(g)

Animal Identification. Any dog or other animal subject to this section must be permanently identified by the chief animal control officer by the use of photographs or permanent making, or both, prior to its release from impound or confinement.

(h)

Any person whose dog or other animal has been declared dangerous or whose license or permit has been revoked under this section shall not own, possess, control or be in charge of any animal of the type declared to be dangerous or whose license or permit has been revoked for a period of three years from the date of the action declaring the animal dangerous or revoking the license or permit. The chief animal control officer shall not issue or renew any license or permit for said type of animal for such person.

(Ord. 407 §2(part), 1987).