45-04 Amend 506 Dangerous & Vicious Animals

Home Browse Search

Any other relevant evidence regarding the ability of the owner or custodian or the City to protect the public safety if the anirnal is permitted to remain in the City. (c) Within three business days of such hearing, the Health Commissioner shall issue a written decisiqn based upon all of the facts known to the Animal Control Officer. (10) 506.09 DECISION OF THE H.EALTH COMMISSIONER. (a) If the Health Commissioner finqs that the animal represents a continuirig 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 control over the animal, the deciSiqn of the Health Commissioner shall designate the animai to be a d¡mgerous animal. (b) If the Health Commissioner finds that the animal represents a continued 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 e)<ercising 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 decision of the Health Commissioner shall make np 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 thereaf1:er I;>e deemed to be a dangerous animal or a vicious animal under Section 506.04. 506.10 DISPO$ITIbN OF VICIOUS ANIMALS. (a) No person shall own, posses~, 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 viciqus animal, if not already impounded by the City, shall be immediately surrendered to the Health Commissioner, Animal Con~rol Officer, 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 ~hall issue an order authorizing the destruction of the vicious animal tq take place not earlier than (we 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 qestruction, pending the appeal. (e) Whoever violates this section shall be subject to the penalties provided in Sectiqn 506.01(b). 506.11 DISPOSITION OF DANGI;ROUS ANIMALS. (a) The Animal Control Officer, after a hearing by the Health Commissioner, may issue an order for the owner or custodian to remove any dang!:!rous animal from the City, or, in the alternative, may Impose reasonable terms, conditions and restrictions for the training, handling and maintenance of such dangerou~ animal which the Animal Control Officer q~ermines are necessary to protect the pUblic health, safety and welfare, including, but not limited to:(l) To keep the animal, while on the premises of It~ owner or custodian, confined indoors or in .a secUrely enclosed pen or "dog run" area which shall have sides six feet. high or a secure top, and its bottom secured to its sides or imbedded at least one foot into the ground; (2) To keep the animal, while off the premises of its owner or custodian, securely muzzled, leashed with a cha.in not longer than three feet having tensile strength of not less than 300 pounds, and under the control of a person eighteen years Of age or older who is physically capable of restraining the animal; (3) To immediately irifqrm any government or utility company employee and anyone else who comes on the property, with