2009-12-29 CC Packet - Laserfiche WebLink

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OD Exemption to Declaration as Dangerous Animal or Potentially Dangerous Animal. Animals may not be declared dangerous or potentially dangerous if the threat, injury, or damage was sustained by a victim: (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. (I). Authority to Order Destruction. The Animal Control Officer, upon finding that an animal is dangerous hereunder, following expiration of the appeal process contained herein, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following findings of fact; (1) The animal is dangerous as demonstrated by vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or (2) The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. (J) Procedure. The Animal Control Officer, after having determined that an animal is dangerous, may order the animal seized or make orders as set forth in this Chapter. (1) If no appeal is filed, the orders issued will stand or the Animal Control Officer may order the animal destroyed. (2) No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction. (K) Dangerous Animal or Potentially Dangerous Animal — Registration Requirements. The owner of an animal declared dangerous (where destruction of the animal is not ordered) or potentially dangerous shall register the animal with the City and be issued a Certificate of Registration stating that the dog is dangerous or potentially dangerous. The owner shall pay the City the current registration fee as established by ordinance or resolution. In addition to registration, the following conditions shall apply (1) The owner of an animal designated as dangerous or potentially dangerous must have a microchip implanted in the animal for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Officer. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Officer. In either case, all costs related to purchase and implantation of the microchip must be borne by the animal's owner. Draft for review 12 -23 -2009 57