§ 462.409. Attack or bite by dangerous dog; impoundment; destruction.

If a dog that has previously been classified as a dangerous dog is believed to have attacked or bitten a person or animal without provocation, an animal control officer is authorized to immediately impound the dangerous dog, placing it in quarantine as may be required pursuant to Section 462.315, or otherwise impounding it for ten business days after the owner is given written notification. Thereafter, the dangerous dog shall be euthanized in an expeditious and humane manner. If, prior to the ten-day time period, the owner notifies ACPS in writing of the owner's intent to challenge ACPS's decision to euthanize the dog, ACPS shall continue to impound the dangerous dog so long as the owner either posts bond or pays in advance by certified check payable to the City the estimated costs associated with impounding the dangerous dog, as estimated by ACPS. Should the animal have to be boarded beyond the original estimated time covered by the pre-payment of fees, the owner shall be required to pay in advance by certified check the estimated weekly costs of boarding and care until the final decision has been reached. Failure to pay impound and boarding fees for any ten consecutive day period shall constitute abandonment. To appeal ACPS's final decision, the owner must file a written request for a hearing in the County Court within ten business days after ACPS's final written decision to euthanize the dog. The owner shall be responsible for payment of all boarding costs, medical costs and other fees and charges associated with ACPS's maintaining the dog, regardless of the outcome of any proceeding. If the dog is determined not to be a dangerous or potentially dangerous dog under the provisions of this ordinance or state law, ACPS shall process a refund of boarding and intake fees upon request.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 5)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.