Ord06 2292 - Laserfiche WebLink

Browse Search

2/13/2006 "6.04.080 Dangerous animal permit required. (a) No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal designated under the provisions of this chapter as dangerous without obtaining a Dangerous Animal Permit from the Animal Control Officer. The animal owner shall comply with all conditions of the Dangerous Animal Permit including but not limited to all requirements of Section 6.04.100 of this Chapter. Any animal which is determined to be dangerous under this chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer for appropriate disposition including humane destruction. (b) If an Animal Control Officer or Peace officer has investigated and determined that an animal is dangerous, the Animal Control Officer and/or Peace Officer shall deliver written notice of such determination to the owner of the animal. Should the animal pose a threat to the public health and safety, an Animal Control Officer may immediately impound the animal. (c) If, after investigation by an Animal Control officer or Peace officer, that officer determines that probable cause does not exist to believe the animal is dangerous, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the Animal Control Officer or Peace Officer for a hearing and paying the required fee. The hearing shall be conducted according to the procedures set forth in Section 6.04.095 of this chapter. (d) In determining whether or not an animal shall be declared dangerous, the Animal Control Officer, Peace Officer or Hearing Officer appointed pursuant to section 6.04.095, may consider, as a mitigating factor or factors, whether, at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation: (1) Provoked, tormented, teased, abused or assaulted the animal thereby causing or contributing to the alleged behaviors; (2) Committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal; (3) Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal; (4) Or any other mitigating factors deemed appropriate for consideration by the Animal Control Officer, Peace Officer or Hearing Officer. (e) Upon receipt of written or oral notification by the Animal Control Officer and/or Peace Officer that an animal is dangerous as defined in this Chapter, the owner shall submit an application for a Dangerous Animal Permit to the Animal Control Officer within five (5) calendar days. The application for a permit shall contain the name of the Atty/Ord.248 final 022106 3 Ord 2292 (formerly muff# 305)