7-8.4 Investigation and Abatement Order.
a. Investigation. Whenever the Animal Control Officer has reasonable cause to believe a vicious animal is being maintained within the City in violation of this Chapter, the Officer shall investigate.
b. Findings and Notices of Abatement Order. If, upon investigation, the Animal Control Officer finds that the animal is vicious as defined in subsection 7-8.1a. of this section, the animal owner and/or possessor shall be personally served or served by mail with an abatement order summarizing the results of the investigation. If the owner and/or possessor cannot be ascertained and located, an abatement order shall be served by posting the abatement order on the property where the animal was found. The abatement order may impose conditions and restrictions for maintenance of the animal pursuant to paragraph c. of this subsection. The abatement order shall state that the owner and/or possessor of the animal has five (5) days from the date of service thereof to comply with the order or to file a request for a hearing before the Animal Hearing Officer. If the owner and/or possessor fails to file a timely appeal, the abatement order of the Animal Control Officer shall become final. Filing of a timely appeal shall stay the abatement order until a determination is made by the Animal Hearing Officer pursuant to paragraph d. of this subsection.
c. Restrictions and Conditions for Maintaining a Vicious Animal. The abatement order may impose restriction and conditions for maintaining a vicious animal to protect the public safety and the safety of other animals. Such conditions may include, but are not limited to, the following:
1. The posting of a bond or other proof of ability to pay a damage award in the amount of ten thousand ($10,000.00) dollars;
2. Requirement as to size, construction and design of an enclosure for the animal;
3. Requirement as to the location of the animal’s residence;
4. Requirement as to the type and method of restraints and/or muzzling of the vicious animal;
5. Photographing of a vicious animal for purposes of identification.
d. Hearing Upon Appeal. If the owner files a timely appeal pursuant to paragraph b. of this subsection, a hearing shall be conducted before an Animal Hearing Officer who shall decide whether to sustain, modify or overrule the abatement order. The owner and/or possessor shall be served in person or by mail with the decision of the Animal Hearing Officer. (Ord. #03-87, S4)