§ 6.12.020. Classification.

A.

The director of animal control shall have the authority to determine, based on probable cause, that a dog is potentially dangerous or dangerous. The determination and classification of the animal shall be completed by the director within ten (10) days of the bite or attack report. In making the classification, the director will consider all of the facts and circumstances of the incident, including but not limited to the following factors:

1.

The observed and reported past and present behavior of the dog;

2.

Whether the incident was accidental in nature;

3.

The extent of the injury to the person or animal attacked;

4.

The keeper's past history of compliance with the city animal control code provisions; and

5.

The keeper's past history of animal control code violations.

B.

Written notice of a dog's classification under subsection A of this section shall be served on the keeper of the dog at the keeper's last known address. The notice shall describe the dog, state the grounds for its classification, and state the restrictions and other requirements, including a spay or neuter requirement as the director determines appropriate, applicable to the dog by reason of its classification. The notice shall also state that if a written request for a hearing is filed with the director of animal control within ten (10) days after completion of service of the notice, a hearing will be conducted by the city council to review the classification of the dog or any related written administrative orders issued by the director. The right to a hearing shall be deemed waived if not timely requested as set forth in this subsection.

C.

The notice referred to in subsection B of this section shall be given either by personal delivery to the person to be notified or by certified mail, return receipt requested, addressed to the person at the person's last known address. Notice by personal delivery shall be complete upon delivery and notice by mail shall be deemed complete upon return of the receipt or return of the notice as undeliverable, refused, or unclaimed.

D.

During the pendency of any hearing on the classification of a potentially dangerous or dangerous dog, the director of the animal control may require that the dog be kept securely confined on the premises of the keeper or other location acceptable to the director which may include quarantine time at the animal shelter at the keeper's expense.

E.

The hearing shall be held within fourteen (14) days of receipt of the request for a hearing. The hearing shall be informal, and technical rules of evidence shall not apply. The written decision shall be filed with the director of animal control and the city clerk no later than forty-eight (48) hours after the close of the hearing. The proceedings of the hearing shall be recorded.

(Ord. 92-07-03 § 6 (part))