Chapter 7.03 ANIMAL CONTROL


Section 7.03.065 High risk animals.

    1. The determination of a "high risk animal" shall be in accordance with the following procedures:
        a. The city manager or the city manager's designee or the poundmaster, upon being satisfied that an animal is a high risk animal shall cause to be served upon the owner of the animal, if known, a written notice of said determination.
        b. The written notice shall contain:
            (1) A finding that the animal is a high risk animal.
            (2) A description of the animal.
            (3) A description of the acts relied upon in determining the animal to be a high risk animal.
            (4) A copy of municipal code sections 7.03.065 and 7.03.070.
            (5) A statement advising the owner of the right to request a hearing as provided by subsection 7.03.065(1)(d) within a stated time which shall be reasonable under the circumstances.
        c. Notice. Notice shall be by personal service or certified mail to the owner of the animal.
        d. Request for hearing and appeal. Any owner advised that the owner's animal is declared a high risk animal may have, upon request, a hearing with the officials making said determination as to whether the animal is a high risk animal.  A request for a hearing must be made in writing and delivered to the office of the city manager or the city manager’s designee within the time stated in the notice or it will be conclusively presumed that the animal is a high risk animal.
    2. The city manager or the city manager's designee will act as hearing officer. At the conclusion of the hearing or within three days thereafter, the hearing officer shall render a written decision as to whether the animal is a high risk animal.  The findings of the city manager or the city manager’s designee shall be conclusive.
    3. If any animal previously determined to be a high risk animal has not exhibited any of the behaviors specified in subsection 7.01.010(14) within the twenty-four (24) months since the date of the high risk animal determination, then the animal is eligible for a review of the determination with the potential for lifting the requirements of this section; provided, however, then that same animal may again be declared a high risk animal if it again exhibits any of the specified behaviors.  The city manager or the city manager's designee will act as hearing officer and will take into consideration evidence presented and information obtained about the animal from neighborhood interviews and canvassing.
    4.  If an animal is declared to be a high risk animal it shall be micro chipped, at the owner's expense, for positive future identification.  The microchip must be installed at the offices of poundmaster before the animal is released.
    5. The city manager or the city manager's designee or the poundmaster shall cause the animal to be impounded if an animal has been declared a high risk animal and is found at large within the city, or if an animal has actually bitten or attacked a person or a domestic animal or fowl and is still at large within the city.
    6. The city manager or the city manager's designee may, after notice and hearing, order the destruction of a high risk animal if the animal has actually bitten or attacked a person because of the failure of the person owning such animal to comply with the provisions of this chapter. (Ord. 2007-0100, 2006-0676, 2005-0217; 96/U-4368)