04-21-2025 - Agenda Packet Planning Commission - Packet

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(c) Appeal of the potentially dangerous dog designation. Within 14 days of the date the notice as served, an owner may request an appeal of that determination by completing the process described in § 12.106(e) of the code and make payment as set forth in City Code Appendix A towards the cost of the hearing. The hearing procedure is set forth in § 12.106(f) of this code. (d) Requirements. It shall be the joint responsibility of each owner of any animal kept or harbored within the city and determined to be potentially dangerous under this section of the code or under the provisions of a substantially similar local or state law to have a microchip implanted in the animal for identification and provide the city animal control authority with proof thereof, including the name of the microchip manufacturer and its serial identification number, within 30 days of any owner’s receipt of the notice of potentially dangerous animal or within ten days of the animal’s location within the city, whichever occurs first. It shall also be the joint and several responsibility of each owner of any potentially dangerous animal kept or harbored within the city to provide the city animal control authority with written notice of any intended relocation of the animal from its current residence and provide any new owner’s full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership. (Ord. 2010-28, passed 11-1-2010; Ord. 2012-3, passed 2-6-2012; Ord. 2021-39, passed 11-29-2021) § 12.106 REGULATIONS REGARDING DANGEROUS ANIMALS. (a) Determination of dangerous animal by city. A city animal control officer or other law enforcement official shall determine that an animal is a dangerous animal if the officer believes, based upon the officer’s professional judgment, that an animal: (1) Has, without provocation , inflicted substantial bodily harm on a human being on public or private property; (2) Has killed a domestic animal without provocation while off the owner’s property; or (3) Has been determined to be a potentially dangerous animal , and after the owner has notice that the animal is potentially dangerous , the animal aggressively bites, attacks or endangers the safety of humans or domestic animals . (b) Exemption. Animals may not be declared dangerous if the threat, injury or damage was sustained by a person : (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. (c) Notice of dangerous animal . Upon a determination by a city animal control officer or other law enforcement official that an animal is dangerous pursuant to state law or subsection (a) above, the city shall provide a notice of dangerous animal (“notice”) to the owner of the animal by mailing or personally serving the owner of record, or by posting a copy of the notice at the place where the animal is kept, or by delivering it to a person of suitable age residing on that property. Service upon any owner shall be effective as to all owners . The notice shall include the following: (1) A description of the animal deemed to be dangerous; (2) The factual and statutory basis for that determination; (3) The name of the officer making the determination and his or her telephone number; (4) A description of any substantial or great bodily harm on a human being inflicted by the animal on public or private property without provocation ; (5) A statement as to whether or not the animal’s destruction is being sought by the city; (6) An order that the owner to have a microchip implanted in the animal for identification, providing the city animal control authority with the name of the microchip manufacturer and the serial identification number of the microchip implanted within 14 days of the owner’s receipt of the notice; (7) An order that the animal be kept at all times either confined in a proper enclosure as defined in § 12.91 of this code or muzzled in a manner that will prevent the animal from biting any person or animal but will not cause injury to the animal or interfere with its vision or respiration; (8) An order that the owner to provide the city animal control authority with written notice of death or any relocation of the animal from its current residence and provide any new owner’s full name, address, daytime and evening telephone numbers and the relocation address at least ten days prior to any such relocation or new ownership; (9) The criminal penalties for violations of this section of this code; (10) A statement informing the owner of the right to appeal the officer’s dangerous animal determination, within 14 days of the date of the notice was served and that failure to serve a timely appeal in the manner set forth in subsection (e) below will terminate the owner’s right to a hearing under this section; (11) A statement that even if an appeal request is made within 14 days of the notice, the owner must nonetheless immediately comply with the requirements of subsection (d) below, except the requirement to microchip the animal, until 162