Section 7.10.050 Impoundment

1. The poundmaster of the City of Sioux City, Iowa, is authorized to immediately impound any pit bull found in the City of Sioux City, Iowa, which does not fall within one of the exceptions contained in Section 7.10.040 above. Unless it is determined that the pit bull falls under one of the exceptions and subject to subsection 2 below, ten calendar days after impoundment the poundmaster shall destroy the pit bull unless the owner of the pit bull produces evidence deemed sufficient by the poundmaster that the pit bull is to be permanently taken out of Sioux City, and the owner pays the cost of impoundment.

2. When the poundmaster has impounded any pit bull pursuant to this section or when the poundmaster has issued a written warning pursuant to Section 7.10.040(1) and the owner of the pit bull disputes the classification of the animal as a pit bull, disputes the issuance of a warning and/or disputes whether the pit bull is exempted from Section 7.10.030, the owner of the pit bull may file a written request for a hearing with the City Manager or the City Manager’s designee within seven calendar days after impoundment. The appellant/owner of the pit bull shall bear the burden of proof. The City Manager or the City Manager’s designee will act as hearing officer. At the conclusion of the hearing or some time thereafter the hearing officer shall render a written decision. The findings of the City Manager or the City Manager’s designee shall be conclusive.

3. The City Manager or the City Manager’s designee upon finding that the animal is a pit bull pursuant to subsection 2 above shall order the destruction of the pit bull unless the owner of the pit bull produces evidence deemed sufficient by the poundmaster that the pit bull is to be permanently taken out of Sioux City, and the owner pays the cost of impoundment. The City Manager or City Manager’s designee shall not destroy any pit bull until all legal proceedings and appellate time frames have expired.