§ 5-18. Dangerous animals; procedures; impoundment; hearing; redemption.

(a)

(1)

An animal control officer at his own instigation, or pursuant to a citizen's complaint, shall investigate all animals suspected of being dangerous. Such investigation shall include identification of the owner of the accused animal, an assessment of the animal so accused, including the photographing of the animal if possible, and such other inquiry and information gathering as deemed necessary by the animal control division manager. The owner of an animal shall cooperate with the animal control division and the officer conducting such investigation.

(2)

The animal control division shall attempt, on two different days, to investigate a dangerous animal complaint, and shall attempt to obtain the cooperation of the owner of an animal in making an investigation. If such attempts are unsuccessful, the animal control division shall send notice to the owner of the animal stating:

a.

That the owner has an affirmative duty to cooperate with the animal control division by scheduling an appointment with the animal control division to investigate the complaint;

b.

That the appointment shall be set not more than three days from the time of notice; and

c.

That failure to schedule or keep the appointment will result in the accused animal being declared a dangerous animal.

(b)

If the animal control division determines that an animal is a dangerous animal, the animal control division shall:

(1)

Impound the animal immediately; and

(2)

Provide written notice to the owner of the animal the reasons for the determination, which notice shall be sent within three (3) days of the determination.

(c)

The owner of an animal declared to be a dangerous animal by the animal control division may request a hearing before the municipal court of the city to challenge such declaration. The request for such hearing must be in writing and filed with the city secretary within seven days postnotification. Failure to request a hearing within the allotted period shall constitute a final determination that an animal is a dangerous animal.

(d)

A hearing before the municipal court of the city challenging the declaration that an animal is a dangerous animal shall be held within 14 days of receipt by the city secretary of a timely filed written request for such hearing. The municipal court judge shall rule, based upon a preponderance of the evidence, and such ruling shall constitute a final determination. Written copies of the ruling, signed by the judge who presided at the hearing, shall be filed with the city secretary and the animal control division.

(e)

Upon a determination that an animal is a dangerous animal the presiding judge may order the disposition of the animal in accordance with state law.

(1)

If so ordered the animal may be reclaimed under the following conditions:

a.

Caging for the animal with minimum dimensions of ten feet by 20 feet by six feet with an impermeable floor and chain link top be constructed within 21 days and prior to the release of the animal from the shelter;

b.

The enclosure be clearly marked "Dangerous Animal" on all sides;

c.

The animal be walked using a leash of six feet or less in length and muzzle of sufficient strength to restrain it and be walked only by persons 18 years and older;

d.

The animal is always in the specified enclosure, on a leash and muzzled, or in the residence of the owner;

e.

The owner obtain a $100,000.00 homeowners insurance policy for coverage specific to the bodily damage or property damage the dog may cause within 21 days and prior to release;

f.

Make the animal, enclosure, and insurance policy available for inspection at any time by the animal control division; and

g.

Notify the animal control division upon the animal's change of address or death.

(Ord. No. 10-1843, § 1, 1-5-2010; Ord. No. 2014-2062, § 3, 4-15-2014)