03-05-23: VICIOUS ANIMALS:

   (1)   Determination:

      A.    Determination Hearing: In the event that the animal control officer or law enforcement officer has probable cause to believe that an animal is vicious, the sheriff or his/her designee shall be empowered to convene a hearing for the purpose of determining whether or not the animal in question should be declared vicious.

      B.    Investigation; Notice Of Hearing: The sheriff or his/her designee shall conduct or cause to be conducted an investigation and shall notify in writing the owner of the animal that a hearing will be held, and at what time he may have the opportunity to present evidence why the animal should not be declared vicious. The hearing shall be held promptly within no less than five (5) nor more than ten (10) days after service of notice upon the owner of the animal. The hearing shall be informal and shall be open to the public.

      C.    Notice Of Determination: After the hearing, the owner of the animal shall be notified in writing of the determination. If a determination is made that the animal is vicious, and the owner has not filed a timely appeal pursuant to this section then the animal shall be destroyed. If the owner files a timely appeal, the animal shall be maintained at the county animal shelter pending the result of the appeal.

      D.    Contest By Owner; Notice: If the owner of the animal contests the determination, he/she may, within five (5) days of such determination, bring a petition in the magistrate court of the third judicial district praying that the court conduct its own hearing on whether or not the animal should be declared vicious. After service of notice upon the sheriff, the court shall conduct a hearing de novo and make its own determination as to viciousness. Upon the sheriff being served notice, the hearing shall be conducted within fourteen (14) days. The issue shall be decided upon a preponderance of the evidence. If the court rules the animal to be vicious and the owner fails to file a timely appeal of the court's decision, then the animal shall be destroyed.

      E.    Court Decision: The court may decide all issues for or against the owner of the animal regardless of the fact that said owner fails to appear at said hearing.

      F.    Decision Conclusive; Subsequent Actions: The determination of the court shall be final and conclusive upon all parties. However, the animal control officer or any law enforcement officer shall have the right to declare an animal to be vicious for any subsequent actions of the animal.

      G.    Seizure, Impoundment; Costs: In the event that the animal control officer or law enforcement officer has probable cause to believe that the animal in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the animal control officer or law enforcement officer may seize and impound the animal pending the aforesaid hearings. The owner of the animal shall be responsible for the costs and expenses of impoundment of such animal.

      H.    Appeal From Magistrate Court: The decision of the magistrate court may be appealed to the district court by an aggrieved party within forty two (42) days of the decision. The animal shall remain impounded pending the appeal. If the district court finds, upon review of the record and after hearing the arguments of the parties, that the animal is not vicious, such animal may be released to the custody of the owner upon payment of the expense of keeping such animal. The costs shall be paid in full prior to the release of said animal.

   (2)   Exemptions: The provisions of this section shall not apply to K-9 or other animals owned by any police department or any law enforcement officer which are used in the performance of law enforcement work. (Ord. 11-010, 9-29-2011)