A. Declaration of an Animal as Potentially Dangerous. The animal control authority has the authority to declare an animal potentially dangerous in any of the levels described as follows:

1. Level 1. An animal is level 1 potentially dangerous when without provocation it chases or approaches a person upon the streets, sidewalks or other public property in a menacing fashion or apparent attitude of attack.

2. Level 2. An animal is level 2 potentially dangerous when it causes injury to or otherwise threatens the safety of a human or domestic animal.

3. Level 3. An animal is level 3 potentially dangerous when it bites a human or domestic animal, either on public or private property.

An animal shall not be declared level 2 or level 3 potentially dangerous if the threat, injury or bite is sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or was tormenting, abusing, or assaulting the animal or has, in the past, been observed or reported to have tormented, abused or assaulted the animal or was committing or attempting to commit a crime.

B. Restraint of Potentially Dangerous Animal. Potentially dangerous animals shall be restrained in the following manner:

1. A level 1 potentially dangerous animal, whenever outside the owner’s residence and not on a leash, shall be restrained by a physical device or structure that prevents the animal from reaching a public sidewalk, easement, right-of-way, road or adjoining property and must be located where the animal does not interfere with legal access to the owner’s property.

2. A level 2 potentially dangerous animal must comply with the restrictions on a level 1 potentially dangerous animal, and in addition the animal control authority may require the owner to obtain and maintain proof of public liability insurance. The owner may be required to complete a responsible pet ownership program administered by the animal control authority. All costs associated with the program shall be paid by the owner.

3. A level 3 potentially dangerous animal shall be confined within a secure enclosure whenever the animal is not inside the owner’s residence. The secure enclosure must be located where it does not interfere with the public’s legal access to the owner’s property. In addition, the animal control authority may require the owner to obtain and maintain proof of public liability insurance. The owner shall not permit the animal to be outside the secure enclosure or off the owner’s property unless the animal is muzzled and restrained by an adequate leash and under the control of a capable person. In addition, the owner must complete a responsible pet ownership program administered by the animal control authority. All costs associated with the program shall be paid by the owner.

C. Notice. When the animal control authority determines that an animal is potentially dangerous, the animal control authority shall notify the owner in writing that the animal has been declared potentially dangerous. The notice shall contain a description of the animal, the name and address of the animal’s owner, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration, including a statement of the deadline for the appeal.

D. Service of Notice. The animal control authority shall personally serve or mail the written declaration of a potentially dangerous animal to the owner. If the owner is unknown, the animal control authority shall make reasonable efforts to locate and notify the owner of the declaration.

E. Appeal of Declaration to Animal Control Authority. The owner of an animal declared potentially dangerous shall have seven calendar days from receipt of the written declaration to appeal the declaration to the animal control authority. The owner’s appeal must be in writing and must be filed with the animal control authority.

F. Hearing Before Director of Animal Control or Designee. Upon receiving the written notice of appeal, the director of animal control, or her or his designee, shall promptly schedule an appeal hearing and provide written notice of the hearing to the appellant. At the hearing, the animal control authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evidence. The director of animal control, or her or his designee, shall issue a written decision to the appellant which either sustains or reverses the animal control authority’s declaration. The decision shall be the final decision of the animal control authority. If the declaration is sustained, the appellant shall be notified of the right to an appeal.

G. Appeal of Decision of Director of Animal Control. The owner of an animal declared potentially dangerous may appeal the decision of the director of animal control. A written appeal shall be filed with the clerk of the municipal court within 14 calendar days after the date of the director’s written decision.

H. Court Hearing. Upon receiving a written appeal from the owner of an animal declared potentially dangerous, the clerk of the municipal court shall promptly set a date for hearing the appeal. Written notice of the time, date and place of the hearing shall be delivered or mailed at least ten working days prior to the hearing to the appellant and to the animal control authority.

I. Burden of Proof and Standard of Review. It shall be the appellant’s burden to prove that the decision by the director of animal control that the animal is potentially dangerous is arbitrary and capricious.

J. Court Decision. If the court finds that the decision of the director of animal control is arbitrary and capricious, the declaration shall be rescinded and any restrictions imposed shall be removed. Court costs shall not be assessed against either party. If the court finds that the decision by the director of animal control was not arbitrary and capricious, the court shall award the city its court costs, including attorneys’ fees, and may impose additional restrictions on the animal.

K. Change of Ownership, Custody or Residence. The owners of an animal that has been declared potentially dangerous who sells or otherwise transfers the ownership, custody or residence of the animal, shall within ten working days of the change, inform the animal control authority in writing of the name, address and telephone number of the new owner, the new address where the animal is located and the name, description and license number of the animal. The owner shall notify the new owner in writing of the details of the animal’s record relating to the declaration that the animal is potentially dangerous, and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification which shall contain a notarized statement by the new owner acknowledging receipt of the notice.

L. Reconsideration of Potentially Dangerous Animal Declaration.

1. No sooner than 24 months from the date that the animal was declared to be potentially dangerous, any owner of a potentially dangerous animal may request that the animal control authority reconsider the potentially dangerous animal declaration. Such a request shall be submitted in writing to the animal control authority and shall include facts and the specific steps that the owner has taken to effectively and safely manage the animal. Within 60 days of the request, the animal control authority shall respond to the owner in writing and take one of the following actions:

a. Deny the request for reconsideration; or

b. Rescind the potentially dangerous animal declaration; or

c. Reclassify the potentially dangerous animal to a different level, as described in subsection A of this section.

2. An owner of a potentially dangerous animal cannot make a request under subsection L.1 of this section more than once every 12 months.

3. The animal control authority may, on its own initiative, rescind a potentially dangerous animal declaration for good cause. (Ord. 2019-13 §§ 2, 3, 2019; Ord. 91-41 § 2, 1991)