A. The parking control division shall conduct a hearing to determine whether or not a dog or other animal confined or impounded is a dangerous animal.
B. In making a determination that any dog or other animal is or is not dangerous, evidence of the following shall be considered:
1. Any previous history of the dog or other animal attacking, biting or causing injury to a human being or other animal;
2. The nature and extent of 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 property has been damaged or destroyed;
6. Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
7. Whether the dog or other animal exhibits characteristics of aggressive or unpredictable behavior in the presence of human beings or dogs or other animals;
8. Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior;
9. The manner in which the dog or other animal had been maintained by its owner or custodian;
10. Any other evidence concerning the maintenance of the dog or other animal;
11. Any other relevant evidence regarding the ability of the owner or custodian, or the parking control division, to protect the public safety in the future if the dog or other animal is permitted to remain in the city.
C. The parking control division, after a hearing, may declare any dog or other animal to be a dangerous animal whenever it has bitten, attacked or caused injury to any human being or other animal.
D. It is unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the parking control division, after a hearing, to be dangerous. Any dog or other animal declared by the parking control division to be dangerous, if not already impounded by the parking control division, shall be immediately surrendered to the department, and it is the duty of the department to take up and impound any such dog or other animal.
Any dog or other animal declared to be a dangerous animal shall be humanely destroyed. The city manager shall sign an order authorizing the destruction of the dog or other animal within two days after the time for appeal has passed without an appeal being filed or after the fifth day after the appeal hearing affirming that the dog or other animal is a dangerous animal.
E. If it is determined that the dog or other animal is not dangerous, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the dog license or animal permit may:
1. Be revoked if it is determined that the owner or custodian is unwilling to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance; or
2. Be reissued with reasonable terms, conditions or restrictions imposed for the training, handling or maintenance of the dog or other animal to protect the public health, safety and welfare if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance.
F. If a dog or other animal has been impounded or confined pursuant to Section 6.12.011 and its license or permit has been revoked pursuant to subsection (E)(l) of this section, and the owner or custodian wishes to reclaim and remove it from the city, the parking control division shall release it; provided, that the dog or other animal is taken to its new location immediately and directly upon its release from impound or confinement. Failure to remove the dog or other animal immediately and directly from the city upon release from impound or confinement is a misdemeanor.
Any dog or other animal which has previously been impounded or otherwise confined and which has not been claimed within five calendar days of service of a notice of revocation of its license or permit shall be deemed abandoned and shall be disposed of by the parking control division. Notwithstanding the above, the owner may enter into a written agreement with the parking control division to take additional time to remove, or to cause the dog or other animal to be removed, to a new location outside the city. Such additional time shall not exceed ten days. G. Any dog or other animal subject to this section must be permanently identified by the parking control division by the use of photographs or permanent marking, or both, prior to its release from impound or confinement.
H. Any person whose dog or other animal has been declared dangerous or whose license or permit has been revoked under this section shall not own, possess, control or be in charge of any animal of the type declared to be dangerous or whose license or permit has been revoked for a period of three years from the date of the action declaring the animal dangerous or revoking the license or permit. The parking control division shall not issue a permit for that type of animal; except, that upon the written request of the person whose dog or other animal has been declared dangerous or whose license or permit has been revoked, the city manager may authorize the issuance of a dog license or other permit. (Ord. 913-02 § 30; amended during 6/30/96 supplement; Ord. 755-94 § 5 (part); Ord. 628-89 § 3)