§ 6-31. Procedures for dealing with dangerous dog allegations.

(a)

The department head or animal control officer shall investigate allegations regarding dangerous dogs and make the initial determination using the following methods:

(1)

Interview the person making the allegation and require a sworn affidavit from the person desiring to have the dog declared fierce or dangerous; and

(2)

Interview the owner of the dog; and

(3)

Interview witnesses, if any, who saw what happened, obtaining sworn affidavits if appropriate.

(b)

A dog may not be declared dangerous if: the threat, injury, or damage sustained by a person who, at the time, was unlawfully on the property or who, while lawfully on the property, was tormenting, abusing or assaulting the dog or its owner or a family member.

(c)

If the department head finds sufficient evidence to determine that there is probable cause to believe the dog is dangerous, he/she shall give the owner a written notice of his determination that includes the reasons why it was determined that the dog is dangerous or ferocious and inform the owner that he may, within seven days of the department head's determination, request a hearing before the special magistrate to appeal the determination.

(d)

The department head shall then take the dog to the animal shelter until such time as a determination is made concerning the allegations and the decision is made at the hearing before the special magistrate.

(e)

The special magistrate shall hold a hearing no sooner than five days but no later than 21 days after receipt of the request for a hearing.

(f)

The special magistrate may make a determination as outlined in section 6-42(d).

(g)

A determination made by the special magistrate may be appealed to county court within 30 days of the determination. The dog shall be kept confined throughout the appeal process.

(Ord. No. 2018-09 , 6-12-2018)