Weed Municipal Code Ch. 6.28 Vicious Animals

A. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior is rebuttably presumed vicious:

1. An attack without provocation on another animal or livestock which occurs off the property of the owner of the attacking animal;

2. An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully.

B. For purposes of this section, a person is peaceably and lawfully upon the private property of an owner of the animal when he is on such property in the performance of any duty imposed upon him by the laws or postal regulations of the United States, or when he is on such property upon invitation, express or implied.

(Ord. 256-87 (part), 1987).

The chief animal control officer shall cause any vicious animal to be impounded and shall, within seventy-two hours after such impoundment notify the owner, if known, that the animal has been impounded under the provisions of this section.

(Ord. 256-87 (part), 1987).

The chief animal control officer may do any of the following with regard to a vicious animal:

A. Retain such animal for purposes of observation for a period of not to exceed thirty days;

B. Release such animal to the control of its owner upon such conditions as may be reasonably required to insure the public safety;

C. Cause such animal to be destroyed if, in his opinion the release of such animal would create a threat to the public safety.

(Ord. 256-87 (part), 1987).

A. In the event the chief animal control officer determines that a vicious animal is to be destroyed pursuant to the provisions of Section 6.28.030(C), he shall notify the owner of such animal at least ten days in advance of his intended action, and further inform such owner of his right to appeal as provided in this section.

B. The owner of such animal may, prior to the date upon which the animal is to be destroyed, appeal the determination of the chief animal control officer to the city council by filing a notice of such appeal with the city clerk.

C. After receipt of the notice of appeal, the city clerk shall calendar the same for hearing by the city council and shall notify the owner and the chief animal control officer of such action.

D. The chief animal control officer shall not thereafter destroy such animal until the city council shall have first heard the appeal and rendered its decision.

E. Any owner of a vicious animal failing to appear after notice as herein provided shall be deemed to have waived any right in or claim upon such animal or to claim any damages or other relief by reasons of any action by the chief animal control officer pursuant to this chapter.

(Ord. 256-87 (part), 1987).

After hearing testimony from all interested parties as it may deem proper, the city council may:

A. Uphold the decision of the chief animal control officer and order the animal destroyed;

B. Order the return of the animal to its owner and impose such conditions upon such return as may be reasonably necessary to insure the public safety. Conditions such as, but not limited to, the following may be ordered:

1. To keep the animal confined on his premises in an enclosure approved by the administrator,

2. To keep the animal securely muzzled, leashed and under the control of a person eighteen years of age or older, and who is physically capable of restraining the animal when the animal is off his property,

3. A violation of this agreement will result in the animal being impounded and destroyed,

4. To prove financial responsibility by posting a bond or certificate of insurance for the amount of ten thousand dollars or more,

5. To inform, along with animal control, any city, county, postmaster, utility company, meter readers, and anyone else who comes on the property with implied consent or peaceably and lawfully of the animal's viciousness if the animal is moved into an area;

C. Take such other action as it may reasonably find necessary to protect the public safety, including a continuation of the impoundment of such animal for a period not to exceed thirty days from the date of the hearing.

(Ord. 256-87 (part), 1987).

After the decision of the city council has been rendered as provided in Section 6.28.050, the chief animal control officer shall take action as is necessary to carry out such decision.

(Ord. 256-87 (part), 1987).

No fee shall be charged for the impoundment of any animal under Section 6.28.020; provided, however, that in the event the animal is impounded pursuant to other provisions of this chapter, the fees applicable to those provisions shall apply for the period during which the animal was or could have been impounded solely under such other provision.

(Ord. 256-87 (part), 1987).

No person shall knowingly harbor or hide or cause to be harbored or hidden any known vicious animal and shall surrender any such animal to the chief animal control officer, his assistants or deputies upon demand.

(Ord. 256-87 (part), 1987).