Note: Article 3 entitled "Rats," consisting of Sections 5-1.301 through 5-1.304, codified from Ordinance No. 1220, repealed by Ordinance No. 1968 c.s., effective June 19, 1968. Article 2 entitled "Noisy Animals," consisting of Section 5-1.201, codified from Ordinance No. 1622, as renumbered to Section 5-1.301 by Ordinance No. 2037 c.s., effective November 25, 1970, repealed by Ordinance No. 2129 c.s, effective October 10, 1974.
(a) 
Upon a written complaint to the City that any animal is, in fact, vicious, a hearing shall be set before the Chief Animal Control Officer of the City to determine whether such allegation is correct. Such complaint shall be signed by the complainant and shall specifically set forth all facts supporting such claim of viciousness. Any such hearing shall be held not less than five days nor more than 15 days after notice thereof is given to the complainant, to any person keeping or possessing the subject animal, and to any person requesting notice thereof.
(b) 
Such hearing shall be informally conducted, and the formal rules of evidence shall not apply. At such hearing the Chief Animal Control Officer shall hear all relevant evidence presented and, at the conclusion thereof, shall determine whether the subject animal is, in fact, vicious or potentially dangerous. The hearing shall be conducted in accordance with the procedures set forth in the provisions of the Food and Agricultural Code pertaining to potentially dangerous and vicious animals.
(c) 
If, after evaluating the evidence presented, the Chief Animal Control Officer shall determine that the subject animal is vicious, the Chief Animal Control Officer shall then determine whether, under all circumstances of the case, the subject animal may be effectively restrained or controlled, or whether the subject animal would and could be received and humanely cared for outside the City. Should the Chief Animal Control Officer find and determine that such animal cannot be effectively restrained or controlled, or would not and could not be received and humanely cared for outside the City, or if the person having control over such animal refuses to agree in writing to any such condition of restraint or removal, the Chief Animal Control Officer may order the subject animal destroyed, which destruction shall be effectuated not less than 14 days after the order thereof.
(d) 
To effectuate the provisions of this section, the Chief Animal Control Officer may impound such animals alleged to be vicious if, in his or her professional judgment and after reviewing the allegation of the complaint, such conduct appears necessary to protect the public health, safety and welfare. The cost of such impoundments shall be paid by the owner of the impounded animal.
(e) 
Notwithstanding any other provision of law, any violation by any person of any order of restraint or removal issued by the Chief Animal Control Officer pursuant to this section shall constitute a nuisance per se, punishable criminally or civilly or both.
(§ 1, Ord. 2310 c.s., eff. October 8, 1981, as amended by § 1, Ord. 2879 c.s., eff. January 4, 2002)