2025.01.06 CC Packet - Laserfiche WebLink

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Created: 2024‐10‐16 16:24:38 [EST] (Supp. No. 34) Page 5 of 7 (2) Determination of a dangerous or potentially dangerous dog. Once a dog has bitten a person or domestic animal, the animal control authority shall determine, in no more than 14 days that a dog is a dangerous dog or potentially dangerous dog. (3) Exemption. Dogs may not be declared dangerous, or potentially dangerous if the threat, injury, or damage was sustained by a person: a. Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; b. Who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented abused, or assaulted the dog; or c. Who was committing or attempting to commit a crime. (4) Notice of dangerous or potentially dangerous dog. Upon a determination by the animal control authority that a dog is dangerous or potentially dangerous pursuant to this chapter, the animal control authority shall provide a notice to the dog owner by delivering, mailing, or posting a copy of such notice at the place where the dog is kept. The notice must include: a. A description of the dog deemed to be dangerous or potentially dangerous; the authority for and purpose of the dangerous or potentially dangerous dog declaration and seizure, if applicable; the time, place, and circumstances under which the dog was declared dangerous or potentially dangerous; and if seized the telephone number and contact person where the dog is kept; b. The name of the animal control authority making the determination; c. A statement that the owner of the dog must keep the dog in a proper enclosure as defined by this chapter until the procedures outlined in the remainder of this section have been completed; d. A statement that the owner of the dog may request a hearing concerning the dangerous or potentially dangerous dog declaration, and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing under this subsection; e. A statement that if an appeal request is made within 14 days of the notice, the owners must immediately comply with the requirements of subsection 10‐34(2) of this article until such time as the hearing officer issues an opinion; f. A statement that if the hearing officer affirms the dangerous dog declaration, the animal control officer or law enforcement officer shall immediately seize and impound the dangerous dog, and the owner will have ten five days from receipt of that decision to comply with subsection 10‐34(1) of this article; or in such case the hearing officer affirms a potentially dangerous dog designation, the owner shall immediately comply with subsection 10‐34(2) of this article. g. A notice that if a potentially dangerous dog endangers the safety of humans or domestic animals again, it will be considered a dangerous dog. (5) Appeal of the dangerous or potentially dog designation. The owner of any dog declared dangerous or potentially dangerous has the right to a hearing by an impartial hearing officer. The owner of the dog may request in writing a hearing on the designation within 14 days of the date of the notice. Failure to appeal during this time period will terminate the owner's right to a hearing under subsection (6) of this section. a. The owner's written request for a hearing must be submitted to the city clerk. The written request must contain the following information: 1. The full name, address, daytime and evening telephone numbers of the person requesting an appeal; 2. The full name and address of all the dog's owners;