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<br />(Code 1990, § 4-59; Ord. No. 1350, § 1, 11-4-2013)
<br />Sec. 4-60. - Reclamation.
<br />A dangerous animal or a potentially dangerous animal seized under section 4-57 or 4-58 may be reclaimed by the owner of the animal upon payment of impounding and
<br />boarding fees, and presenting proof to the appropriate animal control authority that the requirements of sections 4-57 and/or 4-58 will be met. An animal not reclaimed
<br />under this subdivision within seven days may be disposed of in a manner permitted by law, and the owner shall be liable to the animal control authority for costs incurred in
<br />confining and disposing of the animal.
<br />(Code 1990, § 4-60; Ord. No. 1350, § 1, 11-4-2013)
<br />Sec. 4-61. - Exceptions.
<br />Law enforcement exemption. The provisions of this section do not apply to dangerous animals used by law enforcement officials for police work.
<br />Exemptions of certain acts committed. Animals may not be declared dangerous if the threat, injury, or damage was sustained by a person:
<br />Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal;
<br />Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or
<br />assaulted the animal; or
<br />Who was committing or attempting to commit a crime.
<br />(Code 1990, § 4-61; Ord. No. 1350, § 1, 11-4-2013)
<br />Sec. 4-62. - Microchip identi cation.
<br />The owner of a dangerous or potentially dangerous animal must have a microchip implanted in the animal for identification, and the name of the microchip
<br />manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be
<br />implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the animal's owner.
<br />(Code 1990, § 4-62; Ord. No. 1350, § 1, 11-4-2013)
<br />Sec. 4-63. - Notice requirements.
<br />The authority declaring the animal dangerous or potentially dangerous shall give notice of the right to a hearing by delivering or mailing it to the owner of the animal, or
<br />by posting a copy of it at the place where the animal is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include:
<br />A description of the seized animal; the authority for and purpose of the dangerous animal or potentially dangerous animal declaration and seizure; the time,
<br />place, and circumstances under which the animal was declared dangerous or potentially dangerous; and the telephone number and contact person where the
<br />animal is kept;
<br />A statement that the owner of the animal may request a hearing concerning the dangerous animal or potentially dangerous animal declaration and, if
<br />applicable, prior potentially dangerous animal declarations for the animal, and that failure to do so within 14 days of the date of the notice will terminate the
<br />owner's right to a hearing under this section;
<br />A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of sections 4-57 and/or
<br />4-58 until such time as the hearing officer issues an opinion;
<br />A form to request a hearing under this subdivision; and
<br />A statement that all actual costs of the care, keeping, and disposition of the animal are the responsibility of the person claiming an interest in the animal,
<br />except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law.
<br />(Code 1990, § 4-63; Ord. No. 1350, § 1, 11-4-2013)
<br />Sec. 4-64. - Right to a hearing.
<br />Any hearing under this section must be held within 14 days of the request to determine the validity of the dangerous animal or potentially dangerous animal declaration.
<br />In the event that the dangerous animal or potentially dangerous animal declaration is upheld by the hearing officials, actual expenses of the hearing up to a maximum of
<br />$1,000.00 will be the responsibility of the animal's owner. The hearing officials shall issue a decision on the matter within ten days after the hearing. The decision must be
<br />delivered to the animal's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority.
<br />(Code 1990, § 4-64; Ord. No. 1350, § 1, 11-4-2013)
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