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<br />(A) Notification. The animal control officer shall designate any animal as a dangerous or <br />potentially dangerous animal upon receiving evidence that meets the definition as stated in this chapter. <br />When an animal is declared dangerous or potentially dangerous, the animal control officer shall cause <br />the owner of the potentially dangerous or dangerous animal to be notified in writing that the animal is <br />potentially dangerous or dangerous. <br /> <br />(B) Authority to order destruction. The animal control officer, upon finding that an animal is <br />dangerous or potentially dangerous hereunder, is authorized to order, as part of the disposition of the <br />case, that the animal be destroyed based on written order from City Council. <br /> <br />(C) Procedure. The animal control officer, after having determined that an animal is dangerous or <br />potentially dangerous, may proceed in the following manner. <br /> <br />(l) The animal control officer shall cause the owner of the animal to be notified in writing or <br />in person that the animal is dangerous or potentially dangerous and may order the animal seized or <br />make orders as deemed proper, including the imposition of special requirements as contained in this <br />chapter. <br /> <br />(2) If the owner of an animal elects to appeal, the appeal shall be referred to the City Council <br />for a hearing. The Administrator shall notify the owner of the animal by certified mail, return receipt <br />requested, of the time of the hearing at least 14 days prior to the hearing. The notice shall state that the <br />owner may be represented by legal counsel during the hearing and may provide oral and written <br />testimony. The Council shall maintain an electronic record of the hearing. <br /> <br />(3) If an owner requests a hearing for determination as to the dangerous nature of the animal, <br />the hearing shall be held before the City Council, which shall set a date for hearing not more than three <br />weeks after demand for the hearing. The records of the animal control or Administrator's office shall <br />be admissible for consideration by the animal control officer without further foundation. After <br />considering all evidence pertaining to the temperament of the animal, the City Council shall make an <br />order as it deems proper. The City Council may order that the animal control officer take the animal <br />into custody for destruction, if the animal is not currently in custody. If the animal is ordered into <br />custody for destruction, the owner shall immediately make the animal available to the animal control <br />officer. <br /> <br />(4) If no appeal is filed, the orders issued will stand and the animal control officer may order <br />the animal destroyed. <br /> <br />(5) No person shall harbor an animal after it has been found to be dangerous and ordered into <br />custody for destruction. <br />(Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 <br /> <br />~ 90.31 NOTIFICATION OF NEW ADDRESS. <br /> <br />'nR/7/17 <br /> <br />011 'J <br />