Chapter 7.03 ANIMAL CONTROL


Section 7.03.095 Vicious animals - duty of owner.

    1. All owners of an animal, whether licensed or unlicensed, which have been declared a vicious animal as defined in subsection 7.01.010(21) are required to authorize the euthanasia of the animal.  If the owner refuses to authorize the euthanasia of the animal, the city shall euthanize the animal at the owner’s expense. This chapter shall not apply to dogs owned by a law enforcement agency or other federal, state or local government agency.  
   2. The determination of a “declared vicious 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 vicious 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 vicious animal
            (2)  A description of the animal
            (3)  A description of the acts relied upon in determining the animal to be a vicious animal.
            (4)  A copy of the municipal code section 7.03.095
            (5) A statement advising the owner of the right to request a hearing as provided by section 7.03.095(2)(d) within a stated time which shall be reasonable under the circumstances.
        c. Notice. Notice shall be by personal service or by 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 vicious animal may have, upon request, a hearing with the officials making said determination as to whether the animal is a vicious animal. A request for a hearing must be made in writing and delivered to the office of the city manager within the time stated in the notice or it will be conclusively presumed that the animal is a vicious animal.
    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 vicious animal.  An appeal from this decision may be had by filing a written notice with the hearing officer. This appeal will be heard before the city council at a time and place fixed by the council. However, the city council may appoint a special hearing officer to hear the appeal and decide whether the animal is vicious.  The findings of the city council or hearing officer shall be conclusive.
   3.  The city manager or the city manager's designee or the poundmaster, may cause the animal to be destroyed without previous notice to the owner if an animal has been declared a vicious 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. The poundmaster shall immediately send the head of the animal to an appropriate facility for the purpose of determining if it was rabid. The cost of transportation and the report shall become an obligation of the owner and the city may seek reimbursement in any lawful manner.
     4.  The city manager or the city manager's designee may, after notice and hearing, order the destruction of a vicious animal if the animal is found in the city limits running loose and/or 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.
     5.  Subsequent to the summary destruction of any animal, the poundmaster shall make a concerted effort to determine whether persons have had contact with the destroyed animal and, where appropriate, advise them of any unfavorable report concerning the animal's condition.
     6.  Any animal believed by the city manager, the city manager’s designee, or the poundmaster to be a vicious animal will be impounded, at the owner’s expense, until such time as a final resolution is reached. (Ord. 2008-0349; 2008-0236; 2007-1127, 2006-0676, 2005-0217; 96/U-4368; 87/T-5933)