45-04 Amend 506 Dangerous & Vicious Animals

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(b) In making a determination as to whether or not such animal is a dangerous animal or a vicioUs animal, the fullowing evidence may be considered: (1) Any previous history of the arimal attacking, biting or causing Injury to human beings or domestic animals; (2) The nature and extent of all injuries inflicted and the number of victims involved; (43) The place where the bite, attack or injury occurred; () The presence or absence of any provocation for the bite, attack or irjury; (5) The extent to whiCh clothing or other property was damaged or destroyed; (6) Whether or not the animal exhibits any characteristic of being trained for fighting or attack, or other evidence to show such training or fighting; (7) Whether the animal exhibits chpracteristics of aggressive or unpredictable temperament or behavior in the presence of human being~ or domestic animals; (8) The manner in which the animal has been trained, handled and maintained by its owner or custodian; (9) Any other relevant evidence concerning the animal; and (10) Any other relevant evidence regarding the ability of the owner or custodian or the City to protect the public safety if the animal is permitted to remain in the City. (C) Within three days of such hearing, the Health Commissioner shall issue a written decision based upon all ofthe facts known to the Animal Warden. 506.09 DECISION OF THE HEALTH COMMISSIONER. (a) If the Health Commissioner finds that the animal represents a continuing threat of serious harm to human beings or domestic animals, but that the public safety can be protected by the owner or custodian of the animal exercising reasonable controi over the animal, the decision of the Health Commissioner shall designate the animal to be a dangerous animal. (b) If the Health Commissioner finds that the animal represents a continµed threat of serious harm to human beings or domestic animals, and that the public safety cannot be protected by the owner or custodian of the animal exercising reasonable control over the animal, the decision of the Health Commissioner shall designate the animal to be a vicious animal. (c) If the Health Commissioner finds that the animal does not represent a continued threat of serious harm to human beings or domestic animals, the deci¡;ion of the Health Commissioner shall make no designation of the animal, and such animal shall be released to its owner or custodian. Such determination shall in no manner alter whether such animal may thereafter be deemed to be a dangerous animal or a vicious animal under Section 506.04. 506.10 DISPOSITION OF VICIOUS ANIMALS. (a) No person shall own, possess, harbor or keep any animal designated by the Health COmmissioner, after a hearing, to be a vicious animal. (b) Any animal designated by the Health Commissioner, after a hearing, to be a viclQuS animal, if not alreàdy impounded by the City, shall be immediately surrendered to the Health Commissioner or a police officer. (c) Any animal declared by the Health Commissioner, after a hearing, to be a vicious animal shall be humanely destroyed. (d) The Health Commissioner shall issue an order authorizing the destrud;ion of the vicious animal to take place not earlier than five days following the written decision by the Health Commissioner designating the animal to be a viCious animal. If the owner or custodian of the vicious animal, within such period, files a notice of appeal of the Health Commissioner's decision with a court of competent jurisdiction, serves the Health Commissioner with a copy of the notice of appeal and removes the animal from the City pending such appeal, the City shall stay the order of destruction, pending the appeal. (e) Whoever violates this section shall be subject to the penalties provided in Séction 506.01(b).