References in this chapter to the City Manager include the City
Manager's designee.
(Ord. 2006-1046 § 2)
An animal may be designated as a dangerous animal if it meets
the criteria in subsections A and B of this section.
A.
The
animal has done one or more of the following:
1.
Has
once injured or posed a clear threat of substantial injury to a person
engaged in lawful activity;
2.
Has
twice posed a clear threat of substantial injury to another animal;
3.
Has
once seriously, including mortally, injured another animal; or
4.
Has
behaved in such a manner that its owner/guardian knows or reasonably
should know that the animal has the propensity to attack humans.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
A.
The
City Manager may institute proceedings under this section.
B.
The
City Manager must first serve upon the animal's owner/guardian
a notice of intent to declare the animal a dangerous animal. If, after
a reasonable attempt, the owner/guardian cannot be personally served,
service may be made by posting the notice on the premises where the
animal is usually maintained. The notice must state the basis for
the City's action and specify that the owner/guardian may request
a hearing before the City staff.
C.
A request
for a hearing must be written and must be received by the City Clerk
within five business days after the notice is served.
D.
Such
hearing shall be held promptly within no less than five business days
nor more than 15 business days after service of notice upon the owner/guardian
of the animal. Technical rules of evidence shall not apply, and the
City Manager may admit into evidence all relevant evidence, including
hearsay, incident reports, and the affidavits of witnesses.
E.
At the
hearing, the City Manager must determine whether grounds exist for
declaring the animal to be a dangerous animal.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
An animal must be declared a dangerous animal if it meets the criteria in Section 6.06.020(A) of this chapter and:
A.
The
owner/guardian fails to request a hearing; or
B.
The
owner/guardian fails to attend or be represented at a scheduled hearing.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
A dangerous animal is a public nuisance and may be abated under Chapter 1.16 of this code.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
The City Manager may use any reasonable means necessary to ensure
the health, safety, and welfare of the public against a dangerous
animal. Reasonable means include, but are not limited to, abating
the animal, or imposing one or more reasonable restrictions upon the
animal's owner/guardian. Reasonable restrictions may include,
but are not limited to, requiring the owner/guardian to:
A.
Obtain
and maintain liability insurance in the amount of $100,000.00 and
furnish a certificate or proof of insurance under which the City must
be notified at least 10 days prior to cancellation or nonrenewal;
B.
Use
an animal enclosure with a specific size, construction, or design;
C.
Maintain
the animal in a specified location;
D.
Use
specific methods of restraining the animal, including, but not limited
to, muzzling and leashing;
E.
Provide
photo identification of the animal or permanently mark the animal
for identification purposes;
F.
Alter
the animal;
G.
Allow
the City and any other law enforcement agency to inspect the animal
and its enclosure;
H.
Produce,
upon demand, proof of compliance with all requirements of this section;
or
I.
Pay
a reasonable fee to cover the City's costs in verifying compliance
and enforcing this section.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
A.
Abatement,
for purposes of this chapter, means impounding the animal, permanently
relocating and removing the animal from the City, or destroying the
animal.
B.
At least
five business days before a dangerous animal is abated or restricted
in some manner, the City Manager must serve on the owner/guardian
a notice of the right to request a hearing before City staff, to determine
whether grounds exist for abating or restricting the animal. If, after
a reasonable attempt, the owner/guardian cannot be personally served,
service may be made by posting the notice on the premises where the
animal is usually maintained.
C.
A request
for a hearing must be written and must be received by the City Clerk
within five business days after the notice is served.
D.
If a hearing is requested, it may be held in conjunction with the hearing provided for in Section 6.06.030 of this chapter. Such hearing shall be held within no less than five business days nor more than 15 business days after service of notice upon the owner/guardian of the animal. Technical rules of evidence shall not apply, and the City Manager may admit into evidence all relevant evidence, including hearsay, incident reports, and the affidavits of witnesses.
E.
If a hearing is requested, the animal may not be abated or restrictions imposed until the hearing is concluded, except as provided in Section 6.06.080 of this chapter.
F.
At the
hearing, the City Manager must determine whether grounds exist for
abating or restricting the animal in some manner.
G.
The animal must be abated or restrictions imposed as provided for in Section 6.06.060 of this chapter, if a finding is made at the hearing that grounds exist for abating or restricting the animal.
H.
An animal
must be abated if the owner/guardian fails to request a hearing or
attend or be represented at a scheduled hearing.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
An animal may be immediately impounded (whether or not the animal
has been declared dangerous) when the City Manager believes that doing
so is necessary to preserve animal or public health, safety, or welfare
pending the hearings to be held pursuant to this chapter. The owner
or keeper of the animal shall be liable for the costs and expenses
of keeping the animal impounded.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
A.
The
owner/guardian of a dangerous animal who moves or sells the animal
or otherwise transfers the ownership/guardianship or residence of
the dangerous animal must inform the City in writing of the name,
address, and telephone number of the new owner/guardian, the new residence,
and the name and description of the animal. The City Clerk must receive
the notification at least 10 business days before the sale or transfer
occurs.
B.
The
owner/guardian of a dangerous animal must notify a new owner/guardian
in writing of the details of the animal's record and any restrictions
on maintaining the animal. The owner/guardian must give the City Clerk
a copy of the notice to the new owner/guardian, which contains the
new owner's/guardian's acknowledgment of having received
the original and accepted the restrictions.
C.
The
City Manager may impose other and further restrictions and/or hold
an abatement hearing when a change in the ownership or custody of
a dangerous animal is proposed or has occurred, which changes the
residence or the location where the animal is usually or frequently
maintained.
D.
If a
dangerous animal dies, the owner/guardian must notify the City within
24 hours and, upon request, produce the animal for verification.
E.
If a
dangerous animal escapes, the owner/guardian must notify the City
and make every reasonable effort to recapture the animal.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
It is unlawful to have custody of, own, or possess a dangerous animal, unless it is restrained, confined, or muzzled so that it cannot bite, attack, or injure a person or another animal and it is maintained in compliance with all restrictions imposed under Section 6.06.060 of this chapter.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
The owner/guardian of a dangerous animal must surrender the
animal to the City upon demand.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
It is unlawful to fail to comply with any requirements or restrictions
imposed under this chapter. A violation of this chapter constitutes
a misdemeanor.
(Ord. 2002-982 § 2; Ord. 2006-1046 § 2)
