§ 6-82. Department determination as a dangerous dog.

(a)

Upon receipt of a sworn, written complaint by any person of an incident described in which a dog:

(1)

Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or

(2)

Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.

(b)

The animal control authority may investigate the incident.

(c)

If, after receipt of any sworn statements of any witnesses and investigation, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of that fact in writing.

(d)

An owner, not later than the fifteenth day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to the municipal court. Appeal from the decision of the municipal court may be made in the same manner as for other cases appealed from municipal court.

(Ord. No. 2010-O-029, § 1, 3-15-10)