<div class="chunk-title">Sec. 3-105. - Imposition of penalties, disposition and appeals of wild and exotic animals.</div>
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            <p class="incr0">
               (a)
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               If any wild or exotic animal shall attack, assault, wound, bite, or otherwise injure
               or kill a human being, the owner or keeper shall pay a fifteen hundred dollar ($1,500.00)
               civil penalty. If the animal services director, after investigation supported by the
               evidence, finds that a wild or exotic animal has attacked, assaulted, wounded, bitten,
               or otherwise injured or killed a human being, the animal services director will prepare
               a written order declaring that the animal is dangerous and prejudicial to the public
               safety or public health. When an animal is found to be dangerous or prejudicial to
               the public safety or public health, the animal services director shall have the authority
               to terminate the owner's ownership rights in the animal and to dispose of the animal
               in accordance with this chapter, or the animal services director may suspend the termination
               of ownership rights conditioned upon the owner's compliance with such terms as the
               animal services director deems necessary to ensure that the animal may be kept by
               the owner in safety. If such terms are part of a written order suspending seizure/forfeiture,
               the terms and the written order shall comply with the requirements of <a href="" data-chunk-id="COOR_CH3AN_ARTIIIDADOGUSEDOATTRFACOBRSACADO_S3-51DAANSEFOAPPR" class="section-link" data-product-id="12207">section 3-51</a>. The animal services director shall have the authority to modify the terms when it
               is necessary to ensure the safety of the public. The termination of ownership rights
               may be invoked upon the failure to comply with any of the terms. Written orders shall
               include the following statements:
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            <p class="incr1">
               (1)
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               Whether the animal is dangerous and prejudicial to the public safety or health or
               not dangerous. (If not dangerous, nothing further is required.)
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               (2)
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               That the department has the authority to terminate ownership rights of the animal
               and to order the humane destruction of the animal.
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            <p class="incr1">
               (3)
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               Whether the ownership rights are being presently terminated or if such termination
               is suspended.
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               (4)
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               If the termination is suspended, the terms and condition on which the termination
               is suspended in compliance with <a href="" data-chunk-id="COOR_CH3AN_ARTIIIDADOGUSEDOATTRFACOBRSACADO_S3-51DAANSEFOAPPR" class="section-link" data-product-id="12207">section 3-51</a>.
               </p>
            		
            <p class="incr1">
               (5)
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               That a failure to comply with the written order could result in termination of ownership
               rights and humane destruction of the animal.
               </p>
            		
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               (6)
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               That any appeal to the superior court of the hearing officer's decision must be filed
               within thirty (30) days.
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            <p class="incr0">
               (b)
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               <span class="ital">Disposition of animal.</span> The animal services director will have the discretion to dispose of any animal forfeited
               to the department under this section in one (1) of only two (2) specific ways:
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               (1)
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               By humane euthanasia of the animal; or
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               (2)
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               By giving the animal to an individual or an organization subject to the protective
               and inspection conditions required by the animal services director for the well-being
               of the animal, for the protection of the public, and for the purpose of preserving
               and taking care of the animal. Such conditions shall reserve the department's right
               to seize and humanely destroy the animal upon any failure to comply with the conditions.
               An animal declared to be dangerous by the hearing officer shall not be disposed of
               for research or experimental purposes.
               </p>
            		
            <p class="incr0">
               (c)
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               <span class="ital">Appeal to superior court.</span> The decision of the animal services director shall be subject to review by the superior
               court by proceedings in the nature of certiorari. Any petition for writ of certiorari
               for review by the superior court shall be filed with the clerk of superior court within
               thirty (30) days after delivery of, or reasonable efforts to deliver, the decision
               to the owner or the owner's representative. Prior to the filing of the petition for
               writ of certiorari with the clerk of superior court, a cash bond must be provided
               to the county for all costs incurred thus far by the county's retention of the animal
               and for an approximate time for the course of the appeal, as well as for the cost
               of the transcript prepared for the court. The county shall reimburse the petitioner
               for the cost of the petitioner's transcript and the court's transcript if the court
               reverses the decision and determines that the animal is not dangerous. If a petition
               for writ of certiorari is filed in superior court, the animal shall be confined at
               the animal shelter or at a location solely acceptable to the department. Appeal shall
               not toll compliance with any written or containment order pending the hearing of such
               appeal.
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            <p class="incr0">
               (d)
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            <p class="content1">
               If any wild or exotic animal shall kill or wound or assist in killing or wounding
               any domestic animal or pet, or damage property, the owner or keeper of such wild or
               exotic animal shall pay a five hundred dollar ($500.00) civil penalty, and the animal
               services director will follow the process outlined in <a href="" data-chunk-id="COOR_CH3AN_ARTIVVAFEPEAP_S3-84IMPECEVICH" class="section-link" data-product-id="12207">section 3-84</a> of this chapter.
               </p>
            		
            <p class="historynote0">
               (Ord. Of 9-21-21(2); Ord. No. 2022-02, 3-15-22)
               </p></div>