10.2. SR 12-02-2019 - Laserfiche WebLink

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(10) Authority to order destruction: The hearing officer, upon finding that a dog is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the dog be destroyed based on a written order containing findings of fact establishing that each of the following criteria are present: a. The dog is dangerous, as demonstrated by a vicious attack, an unprovoked attack, an attack without warning, or multiple attacks; b. The owner of the dog has demonstrated an inability or unwillingness to sufficiently control the dog in order to prevent the injury to persons or other animals; c. The owner cannot, will not, does not, or otherwise refuses to provide proof of the liability insurance or surety bond as required in subsection 10-93(1)b. (11) If the declaration or destruction is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000.00, as well as all maintenance costs, will be the responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision shall be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy shall be provided to the city. The decision of the hearing officer is final. (Ord. No. 09-08, § 1, 8-17-2009) Sec. 10-100. - Destruction of certain dogs. The police chief and/or hearing officer are authorized to order the destruction or other disposition of any dog, after proper notice is given pursuant to section 10-99 and upon a finding that: (1) The dog has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; (2) The dog has been declared "dangerous", the owner's right to appeal hereunder has been exhausted or expired, and the owner has failed to comply with the provisions of this section; (3) It is determined that the dog is infected with rabies; (4) The dog inflicted substantial or great bodily harm on a human on public or private property without provocation; (5) The dog inflicted multiple bites on a human on public or private property without provocation; (6) The dog bit multiple human victims on public or private property in the same attack without provocation; (7) The dog bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; or (8) The dog poses a danger to the public's health, safety or welfare. In determining whether the dog poses a danger to the public's health, safety or welfare, the following factors may be considered: a. The dog weighs more than 20 pounds; b. The strength of the dog, including jaw strength; c. The dog's tolerance for pain; d. The dog's tendency to refuse to terminate an attack; e. The dog's propensity to bite humans or other domestic animals; f. The dog's potential for unpredictable behavior; g. The dog's aggressiveness;