10.04.172 Control and impoundment of vicious or dangerous dogs--Procedures.
A. Whenever an animal is suspected of being vicious or dangerous and is reported as such, the City Manager or their designee is authorized to investigate the circumstances of such report. Upon a finding that the animal, by reason of its propensities, acts, or disposition, is a vicious or dangerous animal as defined in Section 10.04.170 of this title, the City Manager or their designee shall notify the owner/guardian or harborer in writing of such findings and the basis therefore.
B. Any police officer, animal control officer, or other authorized employee of the City, may summarily seize and impound a dog where the officer, after investigation, has reasonable grounds to believe that such dog:
1. Has demonstrated one or more of the characteristics set out in Section 10.04.170 and the dog’s owner/guardian or harborer has not complied with the requirements specified in Sections 10.04.171A or 10.04.171B; or
2. Poses an immediate or substantial threat to the public health, safety or property. Any such dog, whether running at large or not, which cannot be safely taken up and impounded may be slain by such officer or employee.
C. Within five working days following the investigation and notification by the City Manager or their designee pursuant to Section 10.04.172A or seizure pursuant to Section 10.04.172B, the owner/guardian or harborer of the dog shall be entitled, upon request, to an administrative hearing to determine whether said dog is vicious or dangerous, and, if so, the nature and extent of orders to be made.
1. If, after said hearing, it is determined that the dog is vicious or dangerous, the City Manager or their designee may order the owner/guardian or harborer of the dog to keep the animal confined as provided in this section and/or make such other and further orders reasonable under the circumstances.
2. If restraint or confinement is impracticable, the animal shall be impounded until the owner/guardian or harborer is able to comply with the City Manager or their designee’s orders.
D. For any impoundment under this section, the owner/guardian or harborer shall be liable to the City for payment of fees in an amount set by the City Council by resolution, and any dog not reclaimed within a reasonable time after such impoundment shall be subject to adoption or destruction, as appropriate.
E. In cases where no impoundment takes place, and written notification and/or orders are made pursuant to an administrative hearing pursuant to Section 10.04.172C, the failure of the owner/guardian or harborer to either provide, within a reasonable time, adequate restraint or control of the animal as ordered by the City Manager or their designee, or thereafter at any time to otherwise comply with such or other orders of the City Manager or their designee, is an infraction, and the animal shall be subject to summary seizure and, as appropriate, adoption or destruction. (Ord. 6627-NS § 1, 2001: Ord. 6568-NS § 1, 2000: Ord. 5846-NS § 2, 1988)