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

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rector of Public Safety or his or her designee shall designate the animal to be a vicious animal. (c) If the Director of Public Safety or his or her designee finds that the animal does not represent a continued threat of serious hams to human beings or domes- tic animals, the decision of the Director of Public Safety or his or her designee 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 under Section 506.03. 506.12 DISPOSITION OF VICIOUS ANIMALS. (a) Any animal designated by the Director of Public Safety or his or her de- signee, after a hearing, to be a vicious animal, if not already impounded by the City, shall be immediately surrendered to the Director of Public Safety or his or her designee, Animal Control Officer or a police officer. (b) Any animal declared by the Director of Public Safety or his or her design- ee after a hearing, to be a vicious animal shall be humanely destroyed. (c) The Director of Public Safety or his or her designee shall issue an order authorizing the destruction of the vicious animal to take place not earlier than five days following the written decision by the Director of Public Safety or his or her designee 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 Director of Public Safety or his or her designee's decision with a court of competent jurisdiction, serves the Director of Public Safety or his or her design- ee 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 ap- peal. 506.13 DISPOSITION OF DANGEROUS ANIMALS. Following any hearing held pursuant to Section 506.09(a): (a) Unless the Director of Public Safety or his or her designee, after a hearing, issues an order in accordance with the provisions of Section 506.04, he or she shall issue an order for the owner or custodian to remove any dangerous animal from the City within seven (7) calendar days after a hearing. (b) If the owner or custodian of the dangerous animal files a notice of appeal of the Director of Public Safety or his or her designee's decision with a court of competent jurisdiction, the order of the Director of Public Safety or his or her designee to remove the dangerous animal from the City or to impose reasonable terms, conditions and restrictions which the Director of Public Safety or his or her designee deems are necessary to protect the public health, safety and welfare shall not be stayed pending the appeal. (c) If the owner or custodian of an impounded or confined dangerous animal wishes to reclaim and remove it from the City, the Director of Public Safety or his or her designee shall release it, provided that the animal is taken to its new location outside the City immediately and directly upon its release. No person to whom such animal is released shall fail to remove the animal immediately and directly fi•om the City. 506.14 POLICE DOGS; SERVICE DOGS. The terms "dangerous animal" and "vicious animal," as used in this chapter, do not include police dogs that have been trained and may be used to assist law enforcement officers in the performance of their official duties. Pit bull dogs and canary dogs do not include service animals as defined by the Americans With Disabilities Act and the regulations promulgated pursuant thereto. 506.99 PENALTY.