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1999-05-12
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1999-05-12
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(e) Evidence justifying designation. The court or environmental health officer shall have <br /> the authority to designate any animal as a dangerous animal upon receiving evidence of <br /> the following: <br /> (1) That such animal has, when unprovoked, bitten, attacked, or threatened the <br /> safety of a person or domestic animal as stated in subparagraph (c)(1). <br /> (2) That such animal has been declared potentially dangerous and such animal has <br /> then bitten, attacked, or threatened the safety of a person or domestic animal as <br /> stated in subparagraph (c)(1). <br /> (f) Authority to order destruction. The court or animal control officer, upon finding that <br /> an animal is dangerous hereunder, is authorized to order, as part of the disposition of the <br /> case, that the animal be destroyed based on a written order containing one (1) or more of <br /> the following findings of fact: <br /> (1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked <br /> attack, an attack without warning or multiple attacks; or <br /> (2) The owner of the animal has demonstrated an inability or unwillingness to <br /> control the animal in order to prevent injury to persons or other animals. <br /> (g) Procedure. The court or animal control officer, after having determined that an animal <br /> is dangerous, may proceed in the following manner: <br /> (1) The animal control officer shall cause one (1) owner of the animal to be <br /> notified in writing or in person that the animal is dangerous and may order the <br /> animal seized or make such orders as deemed proper. This owner shall be notified <br /> as to dates, times, places and parties bitten, and shall be given fourteen (14) days <br /> to appeal this order by requesting a hearing before the animal control officer for a <br /> review of this determination. . <br /> a. If no appeal is filed, the orders issued will stand or the animal control <br /> officer may order the animal destroyed. <br /> b. If an owner requests a hearing for determination as to the dangerous <br /> nature of the animal, the hearing shall be held before the animal control <br /> officer, who shall set a date for hearing not more than three (3) weeks after <br /> demand for said hearing. The records of the animal control or city clerk's <br /> office shall be admissible for consideration by the animal control officer <br /> without further foundation. After considering all evidence pertaining to the <br /> temperament of the animal, the animal control officer shall make such <br /> order as he /she deems proper. The animal control officer may order that <br /> the animal control supervisor take the animal into custody for destruction, <br /> if such animal is not currently in custody. If the animal is ordered into <br /> 79 <br />
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