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36-88 New Chpt. 506 - Dangerous Animals
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36-88 New Chpt. 506 - Dangerous Animals
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5/14/2013 3:06:46 PM
Creation date
9/8/2003 5:21:54 AM
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Office Of Council
Document Type
Ordinances
Date
9/8/2003
Date Adopted
6/6/1988
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(c) Within three (3) days of such hearing, the health <br />commissioner shall issue a written decision based upon all of the <br />facts known to the animal warden. <br /> <br />506.09 DECISION OF HEALTH COMMISSIONER. <br /> <br /> (a) If it is determined by the health commissioner <br />that the animal represents a continuing threat of serious harm to <br />human beings or domestic animals, but that the public safety can <br />be protected by the owner or custodian of the animal exercising <br />reasonable control over the animal, the decision of the health <br />commissioner shall designate the animal to be a "dangerous <br />animal". <br /> <br /> (b) If it is determined by the health commissioner <br />that the animal represents a continued threat of serious harm to <br />human beings or domestic animals, and that the public safety <br />cannot be protected by the owner or custodian of the animal <br />exercising reasonable control over'the animal, the decision of <br />the health commissioner shall designate the animal to be a <br />"vicious animal". <br /> <br /> (c) If it is determined by the health commissioner <br />that the animal does not represent a continued threat of serious <br />harm to human beings or domestic animals, the decision of the <br />health commissioner shall make no designation of the animal, and <br />it shall be released to its owner or custodian. Such determi- <br />nation shall in no manner alter whether such animal may there- <br />after be deemed to be a dangerous animal or a vicious animal <br />under §506.04. <br /> <br />506.10 DISPOSITION OF VICIOUS ANIMALS. <br /> <br /> (a) It shall be unlawful for any person to own, <br />possess, harbor or keep any animal designated by the health <br />commissioner after a hearing to be a vicious animal. <br /> <br /> (b) Any animal designated by the health commissioner <br />after a hearing to be a vicious animal, if not already impounded <br />by the City, shall be immediately surrendered to the health <br />commissioner or police officer. <br /> <br /> (c) Any animal declared by the health commissioner <br />after a hearing to be a vicious animal shall be humanely <br />destroyed. <br /> <br /> (d) The health commissioner shall issue an order <br />authorizing the destruction of the vicious animal to take place <br />no earlier than five (5) days following the written decision by <br />the health commissioner designating the animal to be a vicious <br />animal. If the owner or custodian of the vicious animal within <br />such period files a notice .of appeal of the health commissioner's <br />decision with a court of competent jurisdiction and serves the <br />health commissioner with a copy of the notice of appeal and <br />removes the animal from the City pending such appeal, the City <br />shall stay the order of destruction pending the appeal. <br /> <br />506. 11 DISPOSITION OF DANGEROUS ANIMALS. <br /> <br /> (a) The animal warden after a hearing by the health <br />commissioner may issue an order for the owner or custodian to <br />remove any dangerous animal from the City, or in the alternative <br />may impose reasonable terms, conditions and restrictions for the <br />training, handling and maintenance of such dangerous animal which <br /> <br />4 <br /> <br /> <br />
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