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2011-018 Ordinance
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2011-018 Ordinance
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Last modified
1/13/2014 3:47:35 PM
Creation date
12/26/2013 11:13:33 AM
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North Olmsted Legislation
Legislation Number
2011-018
Legislation Date
3/21/2011
Year
2011
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issuance of findings from the Determination Hearing. The place of confinement may be, <br />if suitable in the opinion of the Animal Warden, the premises of the owner, a veterinary <br />hospital, a boarding kennel, the City Kennel, or an animal shelter approved by the <br />Animal Warden. The Animal Warden may cause the animal to be removed from the <br />premises of the owner, harborer or keeper, and placed in a suitable place of confinement <br />without the permission of the owner. All animals held in confinement shall be boarded <br />and cared for at the expense of the owner. If an animal is kept at the City Kennel, <br />charges shall be assessed against the owner in accordance with the provisions of Section <br />505.02 and 505.14. <br />(d) Determination Hearing for "Vicious Animals". A Determination Hearing <br />shall be conducted by the Animal Warden whenever there is a cause to believe that an <br />animal may be a "vicious animal" as described in subsection (a)(2) hereof. <br />(1) The Determination Hearing shall be conducted within ten days <br />after serving notice to the owner. <br />(2) The Animal Warden shall determine whether to declare the animal <br />to be a "vicious animal" based upon evidence and testimony <br />presented at the time of the hearing by the owner, witnesses to any <br />incident(s) which may be considered germane to such <br />determination, the Animal Warden, City personnel, police, or any <br />other person possessing information pertinent to such <br />determination. <br />(3) If the Animal Warden determines that the animal is a "vicious <br />animal" he may order the following: <br />A. The animal may be ordered destroyed by a suitable and <br />humane method at the expense of the owner. <br />B. The animal may be ordered confined permanently under <br />any conditions which the Animal Warden determines <br />sufficient to protect the public and/or other domestic <br />animals. <br />(4) The Animal Warden shall either dismiss the complaint or enter an <br />order declaring the animal to be a "vicious animal" within three <br />days after the completion of the Determination Hearing. <br />(5) The owner shall have the right to appeal the Animal Warden's <br />order to the Director of Public Service within five days of being <br />served with such order. <br />(e) Appeal to the Director of Public Service. Any order of the Animal <br />Warden appealed to the Director of Public Service pursuant to subsections (b)(2) or <br />(d)(5) hereof, shall be heard by the Director within thirty days of the date of the filing of <br />the appeal with the Director. Filing of such appeal shall not stay any notice or order of <br />the Animal Warden issued pursuant to this section. The Director shall adopt rules and <br />procedures for the purpose of conducting such appeals. <br />(f) Registration of Pit Bulls, Canar~gs, American Bulldogs, Wolf-H b <br />and Vicious Animals. No person shall own, harbor, care for, or control a pit bull, wolf- <br />hybrid or other animal defined above as a "vicious animal", within the City until such <br />animal has been first registered with the Animal Warden. Persons presently owning, <br />harboring, or caring for a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or <br />vicious animal in the City shall register such animal within thirty (30) days following the <br />effective date of this section. The fee for such initial registration shall be fifteen dollars <br />($15.00) and registration must be renewed thereafter annually at the same fee amount. <br />The Animal Warden shall at the time of registration arrange to inspect the animal and <br />shall thereafter impose terms of confinement and other appropriate conditions to <br />minimize the risk of danger to the community posed by the animal. Such conditions shall <br />
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