§ 6-48. Determination that animal is dangerous.

(a)

If, after performing an investigation of a dangerous incident and receiving the sworn statements of any witnesses, the animal control authority determines the animal is a dangerous dog or a dangerous animal, the animal control authority shall notify the owner in writing of the determination.

(b)

An owner, not later than the 15th day after the date the owner is notified that an animal owned by the owner is a dangerous dog or dangerous animal, may appeal the determination of the animal control authority to the municipal court of the city. Upon the filing of an appeal under this section, the municipal court of the city shall schedule a hearing on the appeal in accordance with section 6-52.

(c)

To file an appeal under subsection (b), the owner must:

(1)

File a notice of appeal of the animal control authority's dangerous dog or dangerous animal determination with the clerk of the municipal court of the city, which must include the name, address, and phone number of the owner;

(2)

Attach a copy of the determination from the animal control authority; and

(3)

Serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service.

(d)

An appeal filed under subsection (b) shall be considered effective on the date it is postmarked by the United States Post Office or hand-delivered to the clerk of the municipal court of the city.

(e)

Upon filing an appeal under subsection (b), the owner shall immediately deliver the animal to the animal control authority, and the city shall provide for the impoundment of the animal in secure and humane conditions pending an order of disposition from the municipal court of the city.

(f)

If the owner fails to deliver the animal as required by subsection (e), the court shall issue a warrant authorizing the seizure of the animal. The animal control authority shall seize the animal or order its seizure and shall provide for the impoundment of the animal in secure and humane conditions. The owner may be ordered to pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the animal. The governing body of the city may prescribe the amount of the fees. The animal shall remain impounded pending an order of disposition from the municipal court of the city.

(Ord. No. 2017-04, § 3, 4-4-17)