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

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(c) Within five business days of such hearing, after considering all substantial, reliable and probative evidence accepted for review, the Director of Public Safe- ty or his or her designee shall issue a written decision making a finding as to whether the animal is dangerous or vicious as defined in this chapter and shall serve the decision upon all parties. The decision shall be a final order and may be appealed to a court of competent jurisdiction. 506.10 EVIDENCE. (a) The Director of Public Safety or his or her designee may hear and consider evidence offered by any person desiring to provide such evidence at a hearing to determine whether or not an animal impounded or confined pursuant to Section 506.07 or 506.08 is a dangerous animal or a vicious animal. (b) In making a determination as to whether or not an animal impounded or confined pursuant to Section 506.07 or 506.08 is a dangerous animal or a vi- cious animal, the following 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 where 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 for 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 other relevant evidence concerning the animal; and (10) Any other relevant evidence regarding the ability of the owner or custo- dian or the City to protect the public safety if the animal is permitted to remain in the City. (c) At any hearing held pursuant to Section 506.09(b), the Director of Public Safety or his or her designee may consider any testimony of or evidence submit- ted by the City, the owner or custodian of a dog deemed dangerous, or a veteri- narian, zoologist, specialist or other person as to whether the dog is a pit bull dog or canary dog. Competent, credible evidence accepted in support of the An- imal Control Officer's finding that the dog it a pit bull dog or canary dog shall create a rebuttable presumption that the dog is of the type identified. Competent, credible evidence of the results of blood -drawn deoxyribonucleic acid testing submitted by the owner or custodian of the dog shall be accepted as evidence of whether the dog is a pit bull dog or canary dog. 506.11 DECISION OF THE DIRECTOR OF PUBLIC SAFETY. Following any hearing held pursuant to Section 506.09(a): (a) If the Director of Public Safety or his or her designee finds that the animal represents a continuing threat of serious harm to human beings or domestic ani- mals, but that the public safety can be protected by the owner or custodian of the animal exercising reasonable control over the animal, the decision of the Direc- tor of Public Safety or his or her designee shall designate the animal to be a dan- gerous animal. (b) If the Director of Public Safety or his or her designee finds that the animal represents a continued threat of serious harm to human beings or domestic ani- mals, 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 Di-