45-04 Amend 506 Dangerous & Vicious Animals

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(b) (2) It has a known propensity, t~ndency or disposition, without provocation, to cause serious injury to a human being or domestic animal; or (3) It has been designated to be a dangerous animal after a hearing by the Health Commissioner; and (4) The public safety can be protected by the owner or custodian of the animal exercising reasonable control over the animal. An animal is deemed to be a vicious animal when: (1) It has, without provocation, caused serious injury to a human being or domestic animal; or (2) It has a known propensity, tendency or disposition, without provocation, to cause serious injury to a hurnan being or domestic anlmal;'or (3) It has been designa~ed to be a vicious animal after a hearing by the Health Commissioner; and (4) The public safety cannot be protected by the owner or custodian of the animal exercising reasonable control over the animal 506.05 IMPOUNDMENT. (a) Any police officer or health officer, including the Animal Warden, shall have the authority but not the duty to summariiy and immediately impouncj any animal which has attacked, bitten or otherwise injured any human being or dom~stic animal, or which has a known propensity, tendency or disposition, without provocation, to attack, cause injury or otherwise threaten the safety of human beings or domestic animals. (b) When damage is imminent, any such officer may enter and inspect private property to enforce this chapter. (c) Any per¡¡on keeping or harboring an animal sought to be impounded shan surrender such animal to a police officer or health officer upon demand. (d) If an animal cannot be safely tak~n up and impounded, it may be slain forthwith by a police officer or health officer. (e) Who~ver violates this section shan be ~ubject to the penalties provided in Section 509.01(b). 506.06 ALTERNATIVE CONFINEMENT. (a) In lieu of an animal beinp- impounded, the Animal Warden may direct that the animal be confined at the owner s or custodian's expense, either in an approved veterinary facility, at the oWner'~ or custodian's residence or outside the City. In such case¡ th~ owner or custodian shall not remove the animal from the veterinary facility or reslcence or. bring the animal into the City without the prior written approval of the Animal Warden, and shall make the animal available for observation and inspection by police officers and health officers of the City, including the Animal Warden. (b) The Animal Warden may have such impounded or confined animal permanently identified by photo and other identification. (c) Whoever violates this section shan be subject to the penalties provided in Section 506.01(b). 506;07 HEARING BY HEALTH COMMISSIONER, NOTICE. Within ten days of an animal being impounded or confined, the Health CommiSsioner shall conduct a hearing to determine whether or not the animal is a dangerous animal or a vicious animal. The City shall make residential service of notice of tile time, place and purpose of the hearing, at least three days before the hearing, upon the owner or custodian of the animal, any person requesting notice and any person' known to have relevan~ knowledge or information regarding the animal. 506.08 EVXDENCE. (a) The Health Commissioner may hear and considèr relevant evidence offered by any person desiring to provide such evidence at a hearing tQ determine whether or not an impounded or confined animal is a dangerous animal or a vicious animal.