2011-12-06 P & Z Packet - Laserfiche WebLink

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D. Procedure For Animal Designation. The Animal Control Officer, after having made fmdings, designations, or issued orders under this ordinance shall proceed as follows. 1. The Animal Control Officer shall cause one owner of the animal to be notified in writing or in person of any findings, designations or orders relating to the animal. This notice shall contain a statement of reasons describing the facts used to make a designation or order by the Animal Control Officer. The notice shall also describe the owner's right of appeal to the City. Written notice shall be sent by certified mail to the last known address of the owner as determined by animal license records or the location of an attack. If no owner can be ascertained, the animal shall be destroyed. 2. An owner shall be given fourteen (14) days to appeal a designation or order by requesting a hearing before the City Council. If no appeal is filed within the requisite time period, the designation or order issued against the animal will stand and shall remain in effect for the life of the animal. 3. If an owner timely files an appeal from a designation or order of the Animal Control Officer, the hearing shall be held before the City Council which shall set a date for the hearing not more than three weeks after demand for the hearing. The City Council may delegate this hearing to be heard before a designated hearing officer. The records of the Animal Control Officer or any government agency shall be admissible for consideration during the hearing without further foundation. A copy of these records shall be made available to the owner at least one week before the hearing. The City shall notify any victim of an attack by the animal of the hearing date and time. 4. During the hearing, a finding by the Animal Control Officer shall be presumed correct but is subject to review. After considering the evidence and statements of the parties, the City Council or hearing officer shall make findings of fact on issues properly before it on appeal, and may sustain, modify or rescind a designation or order made by the Animal Control Officer. 5. Where appropriate to effectuate an order of the Animal Control Officer appealed to the City, the City Council or hearing officer may order the Animal Control Officer to immediately take the animal into custody pending the outcome of the appeal. After appeal, if the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the Animal Control Officer, and at the owners request and expense, destruction shall be stayed for fourteen days. 6. No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction. 7. The animal owner shall bear all of the costs of these proceedings, board and care for an animal taken into custody, and other related expenses incurred by the City. E. Exemptions to Animal Designation. Animals may not be declared potentially dangerous or dangerous if the threat, injury, or damage was sustained by a person: 1. Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal; 2. Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or 3. Who was committing or attempting to commit a crime. Page 8 of 11