(a) 
An animal is automatically declared to be a “vicious animal” under subsections (1) and (2) of the definition of the term “vicious animal” in section 2.01.001.
(b) 
The animal control division may find and declare an animal to be a vicious animal if the division has evidence before it to believe that an animal is a vicious animal under subsections (3) or (4) of the definition of the term “vicious animal” in section 2.01.001.
(c) 
Upon receipt of an affidavit of complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements, setting for the nature and the date of the act, the location of the event, the owner of the animal, the address of the owner, and the description of the animal doing such act, the animal control division shall investigate the complaint and may determine that an animal is vicious under subsections (3) or (4) of the definition of the term “vicious animal” in section 2.01.001.
(Ordinance 2005-48, sec. 12, adopted 10/25/05)
(a) 
Within five (5) working days of declaring an animal vicious, the animal control division will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a vicious animal.
(b) 
If the animal is declared to be vicious under subsections (3) or (4) of the definition of the term “vicious animal” in section 2.01.001, the notice shall inform the owner of the animal that a determination hearing may be requested to contest the declaration. The request for a determination hearing must be in writing and must be received by the animal control division no later than five (5) working days from receipt by the owner of the vicious animal declaration.
(Ordinance 2005-48, sec. 13, adopted 10/25/05)
(a) 
Upon the written request for a determination hearing by the owner of an animal declared vicious under subsections (3) or (4) of the definition of the term “vicious animal” in section 2.01.001, the animal control officer shall schedule said hearing before the chief of police or his designee. The determination hearing shall be conducted within twenty (20) working days of receipt of the request for such hearing.
(b) 
The owner shall be notified of said hearing by regular mail. Failure of the owner of the animal to appear at the determination hearing shall result in the animal control division’s declaration as final. Pending the outcome of the determination hearing, the animal must be securely confined in a humane manner set forth by the animal control officer. The costs of securing such animal shall be borne by the owner.
(c) 
Failure to appeal the declaration of vicious animal within twenty (20) days after notification of the findings of the determination hearing to a district court of the county under the “substantial evidence rule” shall result in the animal control division’s declaration as final.
(d) 
The chief of police or his designee shall determine whether to declare the animal to be a vicious animal under this chapter based upon evidence, affidavits, and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be germane to such a determination, animal control personnel, police or any other person possessing information pertinent to such determination.
(e) 
The chief of police shall issue findings within five (5) working days after the determination hearing. In the event that the animal is determined to be vicious, the chief of police shall order the animal euthanized in a safe and humane manner by a veterinarian or by the animal control officer.
(Ordinance 2005-48, sec. 14, adopted 10/25/05)
It is a defense to the determination of an animal as vicious and to the prosecution of the owner of an animal previously declared to be vicious:
(1) 
If the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal;
(2) 
If the person was teasing, tormenting, abusing, or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal;
(3) 
If the person was committing or attempting to commit a crime;
(4) 
If a domestic animal killed was at the time, teasing, tormenting, abusing or assaulting the animal;
(5) 
If the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault; or
(6) 
If the animal was injured and responding to pain.
(Ordinance 2005-48, sec. 15, adopted 10/25/05)
(a) 
No person shall own or harbor a vicious animal within the city limits of the city; such an animal shall be impounded as a public nuisance. If impoundment of said vicious animal is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a vicious animal from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given notice that if the said animal is not surrendered to the animal control division for impoundment within twenty-four (24) hours, then the animal will be destroyed wherever it is found. After this notice, the vicious animal may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this section may be verbal or in writing. A written notice left at the entrance to the premises where the vicious animal is harbored will be considered valid notice under this section.
(b) 
If an animal is declared to be vicious under this article, and if the animal is not in the possession of the animal control division, the owner must surrender said animal to the animal control division when ordered to do so by any animal control officer. The order may be verbal or in writing. If the owner fails to immediately surrender the animal, the animal control officer shall have the right to take the animal into its possession from the premises of the owner or elsewhere, wherever the animal may be found within the city. If the animal cannot be taken into custody under the animal control division, it may be taken into custody under a search warrant for contraband issued by the municipal judge or other magistrate having jurisdiction.
(Ordinance 2005-48, sec. 16, adopted 10/25/05)