ARTICLE 2.03 AGGRESSIVE AND PUBLIC NUSIANCE DOGS

Not later than the 30th calendar day after the date an owner learns that he is the owner of an aggressive dog, the owner shall:

Affix a city-issued “aggressive dog” tag to the dog’s collar that must be worn by the dog at all times and renewed annually;

Restrain the aggressive dog at all times on a leash of sufficient strength to control the dog, no longer than six feet in length and in the immediate control of a person at any time the dog is not in a fenced area or structure that meets the requirements set forth in the following item:

Except as provided in the preceding item, confine the dog in a fenced area or a structure that is:

(A)

At least six feet in height;

(B)

Of sufficient size to allow the dog to move freely;

(C)

Locked;

(D)

Capable of preventing the entry of the general public, including children;

(E)

Capable of preventing the escape or release of the dog; and

(F)

Clearly marked as containing an aggressive dog;

(4)

Sterilize the dog.

§ 2.03.003 Appeal from a determination as an aggressive dog.

A person commits an offense if he violates or fails to perform an act required by this section. A person commits a separate offense each day or part of a day during which a violation is committed, permitted, or continued.

(c)

The owner of an aggressive dog must notify the animal control authority within twenty-four (24) hours if the aggressive dog is at-large, unconfined, has attacked a human being or another domestic animal, has died, or has been sold or given away.

(d)

If an owner of an aggressive dog sells, gives away, or moves the dog to a new address, the owner, no later than the 15th day after the date of the sale, gift, or move, must notify the animal control authority. Upon selling, giving away, or moving the registered aggressive dog to a new address, that owner must notify the new owner(s) of the dog, if any, that the dog has been determined to be aggressive.

(Ordinance 2022-07 adopted 5/10/22)

If the authority determines a dog is an aggressive dog under section 2.03.001 of this code, that decision is final unless the owner files a written appeal with the office of the animal control authority supervisor not later than five (5) calendar days after the date the owner receives an order from the authority stating that the dog is an aggressive dog. A hearing officer shall conduct the hearing within ten (10) calendar days of the authority’s receipt of the notice of appeal. The hearing shall be conducted informally, and the hearing officer may consider city investigative reports, medical records, and affidavits, as well as any testimony or documentary evidence offered by the owner. At the conclusion of the hearing, the hearing officer shall enter a written order with factual findings as to whether the dog is an aggressive dog. The written order of the hearing officer shall be sent by personal delivery or certified mail, return receipt requested, to the owner as soon after the conclusion of the hearing as practicable, but in no event more than five business days thereafter. The decision of the hearing officer shall be final unless the owner files an appeal under section 2.03.008.

(Ordinance 2022-07 adopted 5/10/22)

§ 2.03.004 Public nuisance dog.

Upon receipt of a sworn, written complaint by any person, in a form approved by the authority supervisor, that any dog may constitute a public nuisance, the authority shall conduct an investigation. If upon investigation, the authority reasonably believes that grounds exist to declare the dog a public nuisance dog, a written order shall be issued containing the grounds for the determination to the owner of the dog by personal delivery, or by certified mail, return receipt requested. The order shall include all requirements for owners of a dog determined to be a public nuisance as set forth in section 2.03.005 of this code and the process for the appeal of the determination.

§ 2.03.005 Requirements for a public nuisance dog; violation.

For purposes of this section, if a dog is documented to be at-large three or more times in a 12-month period by a member of the public, such documentation must consist of photographic evidence with a date and time stamp and in which the dog can be clearly identified.

(Ordinance 2022-07 adopted 5/10/22)

Not later than the 30th calendar day after the date an owner learns that he is the owner of a public nuisance dog, the owner shall take all measures necessary to abate the nuisance that served as the basis for the determination of the dog as a public nuisance dog.

§ 2.03.006 Appeal from a determination as a public nuisance dog.

(Ordinance 2022-07 adopted 5/10/22)

If the animal control authority supervisor determines a dog is a public nuisance dog under section 2.03.004 of this code, that decision is final unless the owner files a written appeal with the office of the animal control supervisor not later than five calendar days after the date the owner receives an order from the supervisor stating that the dog is a public nuisance dog. The hearing shall be conducted and the written order from the hearing officer shall be issued in the same manner as set forth in section 2.03.003 of this code. The decision of the hearing officer shall be final.

(Ordinance 2022-07 adopted 5/10/22)

§ 2.03.007 Effect of convictions; removal; appeal.

If an owner of a dog receives the specified number of convictions for the following offenses within a 12-month period, the supervisor may order the dog at issue removed from the city:

One or more convictions for allowing an aggressive dog to be at-large in violation of section 2.01.006 of this code;

One or more convictions for allowing a public nuisance dog to be at-large in violation of section 2.01.006 of this code; or

Two or more convictions for violations of section 2.03.002 or section 2.03.005 of this code.

The removal order shall be issued in writing to the owner of the dog at issue by personal delivery or by certified mail, return receipt requested. The notice shall include the reason for the order and shall inform the owner of his right to appeal the order.

(c)

If the animal control authority orders a dog removed from the city, that decision is final unless the owner files a written appeal with the office of the supervisor not later than five (5) calendar days after the date the owner received notice that the dog has been ordered removed from the city. A hearing officer shall conduct the hearing within ten (10) calendar days of the supervisor’s receipt of the notice of appeal. The hearing shall be conducted informally, and the hearing officer may consider city investigative reports, medical records, and affidavits, as well as any testimony or documentary evidence offered by the owner. At the conclusion of the hearing, the hearing officer shall enter a written order upholding or overruling the supervisor’s order to remove the dog at issue from the city. The written order shall be sent by personal delivery or certified mail, return receipt requested, to the owner as soon after the conclusion of the hearing as practicable, but in no event more than five business days thereafter. The decision of the hearing officer shall be final unless the owner file an appeal under section 2.03.008.

(Ordinance 2022-07 adopted 5/10/22)

§ 2.03.008 Enforcement and appeal.

If a determination is made by the hearing officer under section 2.03.003 or 2.03.007(b), the determination order is final unless the dog owner files a written appeal with the municipal court within fifteen (15) days after the date of required notification in each section.

The owner of a dog determined to be aggressive or ordered removed from the city must, during the course of an appeal if the dog is not impounded, keep the dog on a leash in the direct physical control of a person or in a secure enclosure approved by the animal control authority. Failure to comply with this subsection is an offense.

(c)

To file an appeal under subsection (a), the owner must:

File a notice of appeal of the determination with the city’s municipal court;

Attach a copy of the determination from the hearing officer; and

Serve a copy of the notice of appeal on the animal control authority by mailing notice.

(d)

Upon notice of appeal, the hearing officer shall forward all documents, files, recordings, and any applicable information used for the determination of the order appealed, to the municipal court as soon as practical for the court’s consideration.

(e)

The municipal court shall consider all information received and issue an order affirming or reversing the hearing officer’s determination no later than the 15th day after the court received the notice of appeal. The municipal court may only reverse the hearing officer’s order if the court finds the hearing officer made a decision that was contrary to the facts of the case such that the decision appears arbitrary or motivated by something other than the evidence presented at the hearing. The municipal court may only reverse the decision if the ruling was completely unreasonable under the circumstances.

(f)

If the municipal court affirms the hearing officer’s determination that the dog is an aggressive dog, or the dog’s removal from the city:

The court may order additional time for the owner to comply with the hearing officer’s decision;

The court may order any additional requirements deemed necessary or appropriate;

If the dog is not already impounded, the court may order the dog seized and impounded in accordance with subsection (h), and after notice and hearing; issue an order to the owner that failure to comply with requirements in section 2.03.002, any additional requirements ordered by the court, or with the court’s order to remove the dog within the period determined by the court will result in the dog becoming the sole property of the city upon such date as ordered by the court, and being subject to disposition as the animal control authority deems appropriate.

(g)

If the municipal court reverses the hearing officer’s determination and the dog is impounded, the court will order the animal control authority to release the dog to its owner.

(h)

If a determination is made under section 2.03.003 or 2.03.007 and the owner does not appeal the hearing officer’s order as provided in this article, and the owner fails to comply with the hearing officer’s requirements for ownership pursuant to section 2.03.002, or removal under section 2.03.007, and/or any additional requirements imposed by the hearing officer thereunder, non-compliance shall be enforced as follows:

Upon application of the animal control authority supervisor, the court shall issue a warrant authorizing animal control to seize and impound the dog, or if the dog is already impounded, order the dog to remain impounded;

The court shall schedule a hearing not later than the 10th day after the dog is impounded;

(A)

The court shall give written notice of the time and place of the hearing to the owner of the dog or the person from whom the dog was seized;

(B)

Any interested party is entitled to present evidence at the hearing.

The court may not order the release of the dog from impoundment until the owner complies with section 2.03.002 or 2.03.007, and any additional requirements as deemed appropriate by the court within a period determined by the court;

(4)

After notice and hearing as set forth by this section, issue an order to the owner that failure to comply with requirements in section 2.03.002, any additional requirements ordered by the court, or with the court’s order to remove the dog within the period determined by the court will result in the dog becoming the sole property of the city upon such date as ordered by the court and being subject to disposition as the animal control authority deems appropriate.

(i)

The owner of a dog must pay any costs and fees related to the seizure, impoundment, or destruction of the dog, unless these costs are waived by the court.

(j)

The decision of the municipal court may be appealed as provided by law, and if applicable, the court may determine the cost of impoundment up to the date of the hearing and through any potential appeal, and set an appeal bond adequate to cover those costs. If the dog becomes the property of the city based on the court’s order pursuant to subsection (f)(3) or (h)(4), the dog may not be sold, adopted, humanely destroyed, nor other disposition inconsistent with the keeping of the dog in a secure and humane manner, until the 31st day after the municipal court’s order/decision.