§ 4-404. Determination of dangerous animal by animal control authority; appeal of determination.

(a)

Investigation of reports; written notice. The animal control authority shall investigate reports made pursuant to section 4-403(a). Such investigations may include the interviewing of individuals, the taking of sworn statements, examination of the animal and other review of other relevant information. If, at the conclusion of the investigation, the animal control authority determines that the animal is a dangerous animal, as defined in section 4-101, the animal control authority shall provide notice, in writing, of that determination to the owner of the animal. The written notice may be delivered in person or by certified mail, return receipt requested, with concurrent mailing by regular mail. In the event the owner of the animal refuses the written notice by certified mail, it shall be presumed that the owner received the written notice forwarded by regular mail.

(b)

Determination; seizure for failure to deliver animal. In the event:

(1)

The animal made the subject of the investigation has not been impounded pending the investigation, upon determination by the animal control authority that the animal is a dangerous animal, the written notice of that determination shall be accompanied by a written directive from the animal control authority to deliver the animal to the animal control authority, within five days of the issuance of the written notice, for agreed registration in accord with the provisions of this article or the determination of the municipal court regarding the disposition of the animal.

(2)

The owner fails to deliver the animal to the animal control authority as required by this subsection, the animal control authority shall request from the municipal court the issuance of warrant for seizure of the animal. The animal control authority shall, promptly upon issuance of the warrant for seizure, seize the animal and provide for its impoundment in secure and humane conditions pending the municipal court's order regarding disposition of the dog. The owner of the animal shall be responsible for all costs incurred in seizing the dog and the costs and fees for impoundment of the animal.

(c)

Appeal. The owner of an animal which has been determined by the animal control authority to be a dangerous animal may, within ten days following issuance of the written notice of the determination as a dangerous animal, appeal the determination of the animal control authority to the municipal court by filing with that court a written notice of appeal of the determination.

(1)

The written notice of appeal must plainly state the grounds of the appeal of the determination and have attached a true and correct copy of the written notice issued by the animal control authority which is appealed. A written notice of determination as a dangerous animal issued by the animal control authority and not timely appealed as provided in this subsection shall be considered, in all respects, final upon the 11th day following its issuance.

(2)

The municipal court shall, upon receipt of a written appeal as provided in subsection (c)(1) of this section, set the matter for hearing. The hearing must be set not later than ten days from the date of the filing of the written appeal. The court shall provide written notice of the date and time of the disposition hearing to:

a.

The owner of the animal;

b.

The animal control authority; and

c.

The city attorney's office.

(3)

The written determination of the animal control authority that the animal is a dangerous animal shall give rise to a rebuttable presumption that the animal is a dangerous animal. Any interested person may present competent evidence to the court to rebut the presumption of the animal's status. The municipal court shall render its decision in writing within ten days of the date of the hearing. Copies of the decision shall be forwarded to the owner and to the city attorney's office. In the event the decision of the municipal court affirms the animal control's authority that the animal is a dangerous animal, the owner shall be required to comply with the registration requirements set forth below and the animal shall remain impounded pending the owner's compliance with those registration requirements.

(Ord. No. 021209-01, § 4.104, 2-12-2009)