(a)
Authority of animal control officer.
If the animal control officer has cause to believe that an animal is vicious, the animal control officer may find and declare that animal a vicious animal and order its confinement under the provisions of section 2.05.002 or may order its destruction under the provisions of section 2.05.003, if applicable.
(b)
Notice to owner.
Within five (5) business days of declaring an animal vicious, the animal control officer shall notify the animal’s owner in writing of the declaration. The notice shall identify the requirements and conditions for maintaining a vicious animal as set forth in this chapter. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted on the owner’s property or sent by certified mail to the owner’s last known address.
(c)
Hearing.
(1)
The owner of an animal declared vicious shall have the right to file, within five (5) business days after receiving notice, a written request for a hearing to contest the vicious animal declaration. The hearing shall be held within five (5) business days after the animal control officer receives the owner’s written request.
(2)
The hearing under this section shall be before the municipal judge of the city and shall be informal, and strict rules of evidence [shall not apply. The owner may be represented by counsel, present oral and written evidence], and cross-examine witnesses.
(3)
The municipal judge shall issue a decision within five (5) business days after the close of the hearing under this subsection (c) and shall notify the owner in writing of the decision.
(4)
The municipal judge may uphold the vicious animal declaration, in which event the owner shall comply with all of the requirements and conditions for maintaining a vicious animal as set forth in this article, or may unconditionally release the animal to its owner.
(5)
The decision of the municipal judge on the vicious animal declaration is final.
(Ordinance 04-03, sec. 90.70, adopted 4/13/04)