01-18 Amend 505 Animals and Fowl & 506 Dangerous and Vicious Animals

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506.06 SELLING, BREEDING OR BUYING DANGEROUS OR VICIOUS ANIMALS. No person shall possess a dangerous or vicious animal with intent to sell, offer for sale, breed, buy or attempt to buy such animal. 506.07 IMPOUNDMENT. (a) Any Animal Control Officer, police officer or health officer shall have the authority but not the duty to summarily and immediately impound any animal which has attacked, bitten or otherwise injured any human being or domestic an- imal, or which has a known propensity, tendency or disposition, without provo- cation, 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 person keeping or harboring an animal sought to be impounded shall surrender such animal to a police 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. 506.08 ALTERNATIVE CONFINEMENT. (a) In lieu of an animal being impounded pursuant to Section 506.07, the An- imal Control Officer may direct that the animal be 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 residence or bring the animal into the City without the prior written approval of the Animal Control Officer, and shall make the animal available for observation and inspection by police officers and health officers of the City, including the Animal Control Of- ficer. (b) The Animal Control Officer may have such impounded or confined animal permanently identified by photo and other identification. 506.09 HEARING BY DIRECTOR OF PUBLIC SAFETY; NOTICE. (a) Within ten business days of an animal being impounded or confined pur- suant to Section 506.07 or 506.08, the Director of Public Safety or his or her de- signee shall conduct a hearing to determine whether or not the animal is a dan- gerous animal or a vicious animal. The City shall make residential service of no- tice 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. (b) Within forty business days of a dog being deemed to be dangerous pursu- ant to Section 506.03, the Director of Public Safety or his or her designee shall conduct a hearing to determine whether or not the dog is dangerous as defined by that section. The City shall make residential service of such determination and the hearing date upon the owner or custodian of the dog at least thirty days before the hearing. The City shall provide the section of the Codified Ordinanc- es under which the dog has been deemed dangerous. The notice shall inform the owner or custodian that the dog must be removed from the City within thirty (30) days of a written decision of the Director of Public Safety or his or her de- signee that the dog is a pit bull dog or canary dog, unless such removal date is reasonably extended by the City for good cause shown. On the request of the City or the owner or custodian, for good cause shown the hearing date may be continued by the Director of Public Safety or his or her designee. Any order to remove a dog 6rom the City pursuant to this subsection shall be stayed pending appeal.