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Section 4-32 Dangerous and potentially dangerous animals.
(a) It shall be the duty of the animal control officer to identify dangerous animals and the owners of dangerous animals within the territorial boundaries of the city. Whenever the animal control officer classifies an animal as a dangerous animal or potentially dangerous animal or reclassifies a potentially dangerous animal as a dangerous animal, notice shall be given the animal's owner in writing by personal service or by certified mail to the owner at the owner's last known address of such classification or reclassification. Such notice shall be deemed complete upon its personal service on the owner or upon mailing, as set out in sub-section (b) of this section. (b) The notice to the owner shall meet the following requirements: (1) The notice shall be in writing and either served personally on the owner or mailed by certified mail to the owner's last known address; (2) The notice shall include a summary of the animal control officer's findings that formed the basis for the animal's classification as a dangerous or potentially dangerous animal; (3) The notice shall be dated and shall state that the owner, within fifteen (15) days after the date shown on the notice, has a right to request a hearing on the animal control officer's determination that the animal is a dangerous animal or a potentially dangerous animal before the animal control board; (4) The notice shall state that the hearing, if requested, shall be before the animal control board; (5) The notice shall state that if a hearing is not requested, the animal control officer's determination that the animal is a dangerous animal or a potentially dangerous animal will become effective for all purposes under this section on the day after the last day on which the owner has a right to request a hearing; (6) The notice shall include a form to request a hearing before the animal control board and shall provide specific instructions on mailing or delivering such request to the animal control board. (c) In the event the owner of the animal requests a hearing pursuant to this section, then notwithstanding such request, the owner, immediately after receipt of the notice described above, shall cause the animal to be placed under restraint or shall cause the animal to be confined in a proper enclosure. The animal shall remain so restrained or confined until a final determination by the animal control board of the proper classification of the animal, as set forth in this section. Further, until such determination is made by the animal control board, the animal shall not be sold, given or transferred to any other person or party located in the county. (d) When the animal control board receives a request for a hearing, it shall schedule such hearing within thirty (30) days after receiving the request. The animal control board shall notify the animal owner in writing by certified mail of the date, time, and place of the hearing. No member of the animal control board may participate in a hearing on any matter in which such member previously participated in the classification of the animal at issue. At the hearing, the owner of the animal shall be given the opportunity to testify and present evidence, and in addition thereto the animal control board shall receive such evidence and hear such other testimony as the animal control board may find reasonably necessary to make a determination either to sustain, modify or overrule the animal control officer's classification of the animal. Within ten (10) days after the date of the hearing, the animal control board shall notify the owner in writing by certified mail of its determination on the matter. If such determination is that the animal is a dangerous animal or a potentially dangerous animal, the notice shall specify it is effective on the third day following the date of receipt by the owner. (e) Subject to the requirements of this section, the animal control officer shall issue a certificate of registration to the owner of a dangerous animal or potentially dangerous animal if the owner presents to the animal control officer or if the animal control officer finds sufficient evidence of the following: (1) A proper enclosure to confine the dangerous animal or potentially dangerous animal; and (2) The posting of the premises where the dangerous animal or potentially dangerous animal is located with a clearly visible sign warning that there is a dangerous animal on the premises and containing a symbol designed to inform children of the presence of the animal. The posting of the premises shall meet the following requirements: a. The sign shall be in the shape of a diamond, similar to a standard highway warning sign, composed of .08 gauge aluminum sheeting and measuring twelve (12) by twelve (12) inches. b. The circle shall measure ten and three-quarters (10 3/4) inches in diameter. The figure of the person shall measure five (5) inches from the top of his finger to the bottom of his feet. The top of the animal's tail to the person's elbow shall measure six and three-quarters (6 3/4) inches. The word "DANGER!" shall measure one and one-eighth (1 1/8) inches by six (6) inches. An illustration of the sign is on file in the city clerk's office. c. The sign shall utilize two (2) colors: standard yellow and black. The background of the sign shall be in standard yellow. The circle, the figures of the person and the word "DANGER!" shall be in black. (3) Payment to the city of an initial fee in the amount of two hundred dollars ($200.00) to defray the cost of administering and enforcing this section, which shall include the cost of the sign referred to above. As long as the owner continues to maintain possession of the dangerous animal, the owner shall pay to the city an administrative fee of fifty dollars ($50.00) on every anniversary of the payment of the administrative fee. In the event the sign originally posted is lost, destroyed or damaged, additional signs may be obtained at an amount to be designated by the city manager. (f) If addition to the requirements of subsection (e) of this section, the owner of a dangerous animal shall present evidence to the animal control officer of the following: (1) A policy of insurance in the amount of at least fifteen thousand dollars ($15,000.00) issued by an insurer authorized to transact business within the state insuring the owner of the animal against liability by the dangerous animal; or (2) A surety bond in the amount of fifteen thousand dollars ($15,000.00) or more issued by a surety company authorized to transact business in this state payable to any person injured by the dangerous animal. (g) The owner of a dangerous animal or potentially dangerous animal shall notify the animal control officer within twenty-four (24) hours if the animal is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the animal has been sold or donated, the owner shell provide the name, address, and telephone number of the new owner of the animal. Any new owner of the animal residing within the corporate limits of the city shall be required to conform with all provisions of this article. (Ord. of 3-12-90(2), 1)
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