§ 6-21. Seizure of animal.  


Latest version.
  • (a)

    Without a court order, a law enforcement agent, animal control officer or a peace officer may seize and impound an animal for a period of no more than seventy-two (72) hours based on a written allegation stating probable cause to believe the animal is vicious. Notice of the probable cause statement and the seizure or impoundment shall be delivered or left at the last known address of the reasonably presumed owner or custodian of the animal by the seizing officer. The notice shall state: (1) The animal will be released within seventy-two (72) hours of the seizure unless a petition alleging viciousness is filed with the city court; and (2) A written request for hearing may be filed with city court challenging such seizure. Notice shall be by at least one of the following methods:

    (1)

    Personal service of notification to the presumed owner or custodian; or

    (2)

    Personal service of notification to a person of suitable age and discretion at the last know address of the presumed owner or custodian.

    (b)

    The animal shall be released at the expiration of the seventy-two (72) hours unless a petition requesting that the animal be declared vicious is filed with the city court.

    (c)

    The court may, upon ex parte petition of any person, a city official or an affected citizen, order impoundment of an animal continued or order an animal seized and impounded. The petition shall state facts showing probable cause to believe that the animal is vicious. Notice of such impoundment shall be provided by one of the methods in section 6-21(a).

(Ord. No. 2454, § 2, 7-26-05)

Editor's note

Ord. No. 2454, § 2, adopted July 26, 2005, repealed the former § 6-21, and enacted a new § 6-21 as set out herein. The former § 6-21 pertained to determination of a vicious dog and derived from Ord. No. 1541, § 8, adopted May 24, 1988; Ord. No. 1680, § 1, adopted April 23, 1991.