45-04 Amend 506 Dangerous & Vicious Animals

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505.05 IMPOUNDMENT. (a) Any Animal Control Officer, police officer or health officer, shall have the authority but nqt the duty to summarily and immediately impound any animal which has attackèd, bitten or otherwise injured any human being or domestic animal, or which has a known propensity, tendency or disposition, without provocation, to attack, cause injury or otherwise threaten the safety of human bElings or domestic animals. (b) When damige is imminent, any such officer may enter and inspect private property to Elnforce this chapter. (c) Any person kel!ping or harboring an animal sought to be impounded shall surrender such animal to a polite officer or health officer upon demand. (d) If an animal cannot be safely taken up and impounded, it may be slain forthwith by a police officer. (è) Whoever Violates this section shall be subject to the penalties provided in Section 506.01(b). 506.06 ALTERNATIVE CONF~NEMENT. fa) In lieu of an animal being impounded, the Animal Control Officer may direct that the animal bè confined at the owner's or custodian's expense, either in an approved veterinary facility, at the owner's or custodian's residence or outside the City. In such case, the owner or custodian shall not remove the animal from the veterinary facility or residénce or bring the animal intp the City without the prior written approval of the Animal Control Qfficer, 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 impoundèd or confined animal permanently identified by photo and other identification. (c) Whoever violates this section shall be subject to the penalties provided in Section 506.01(b). 506.07 tiEARIN~ BY HEALTH COMMISSIONER, NOTICE. Within ten business days of an animal bein~ 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 the 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 relevant knowledge or information regarding the animal. 506.08 EVIDENCE. (a) The Health Commissioner may hear and consider relevant eVidence offered By any person desiring to provide such evidence at a hearing to determine whether or not an impounded or confjned animal is a dangerous animal or a vicious animal. b) In making a determination as to whether or not such animal i~ a dangerous animal or a vicious animal, the fullowing evidence may be Considered: (1) Any previous history of the animal 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; (3) The place when;J the bite, attack or injury occurred; (4) The presence Or absence of any provocation for the bite, attack or injury; (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 fqr fighting or attack, or other evidence to show such training or fighting; (7) Whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or domestic animals; (8) The manner in which the animal has been trained, handled and maintained by its owner or custodian; (9) Any othèr relevant evidence concerning the animal; and