§ 4-12. Attachment of wild or vicious animals.

(a)

If any animal is determined to be vicious by the animal control officer or adjudged to be vicious by a court of competent jurisdiction under subparagraphs (1) through (7) of the definition of such term in section 4-1, or under section 4-11, then such animal shall be apprehended and retained by the animal control officer, securely penned and separated from other animals. Upon refusal of any person to deliver such animal, any officer of the county sheriff's department shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehension and forceful taking of such animal.

(b)

If, after ten (10) days' notice to the animal's owner, the owner has not made arrangements for permanent removal of the animal from the city, the animal control officer shall humanely dispose of the animal.

(c)

Such notice to the animal's owner shall be sent by certified mail, return receipt requested, to the last known address of the animal's owner, and such notice shall be complete upon mailing. The notice shall notify the owner that if the owner does not make arrangements for the permanent removal of the animal from the city within ten (10) days, then the animal control officer shall humanely dispose of the animal at the expiration of ten (10) days from the date of mailing of the notice.

(d)

If any animal is determined to be vicious by the animal control officer under subparagraph (a) of this section then the owner may appeal a destruction or removal order to the municipal judge within ten (10) days of the decision. If the municipal judge or the city secretary receives written notice of appeal within ten (10) days of the decision by the animal control officer, the destruction or removal order shall be suspended pending final determination of the municipal court judge; provided, that during the pendency of the appeal, the owner shall keep such animal at the city's animal shelter, a veterinarian's clinic, or a specified place outside the city limits. The municipal court judge shall determine the appeal based upon the substantial evidence received by the animal control officer and other evidence as the municipal court judge may deem appropriate and may affirm, modify, or reverse the decision of the animal control officer. The decision of the municipal court judge will be made by the application of the substantial evidence rule.

(e)

Complaint. Should any person desire to file a complaint concerning an animal which is believed to be a vicious or dangerous animal, a sworn, written complaint must be filed with the municipal court judge of the City of Henrietta, as follows:

(1)

Name, address, and telephone number of complainant and other witnesses;

(2)

Date, time, and location of any incident involving the animal;

(3)

Description of the animal;

(4)

Name, address, and telephone number of the animal's owner, if known;

(5)

A statement regarding the animal which is believed to be a vicious and dangerous animal, stating the facts upon which such complaint is based;

(6)

A statement as to what vicious propensities the animal has exhibited in past conduct, if known;

(7)

Other facts or circumstances of the incident.

After a sworn complaint is filed, it shall be referred to the municipal court judge or his representative to set a time and place for a hearing not to exceed twenty (20) days from the time the complaint is received. After the owner of the animal receives notice of hearing, the animal control officer shall impound the animal specified in the complaint if such animal is found at large and the animal will be kept at the city's animal shelter, a veterinarian's clinic or a specified place outside the city limits during the pendency of such hearing.

(Ord. No. 7721-1, § 17, 9-1-77; Ord. No. 8308, § 8, 8-8-83; Ord. No. 9201, 2-10-92)