<div class="chunk-title">Sec. 3-84. - Imposition of penalties for certain violations of chapter.</div>
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            <p class="incr0">
               (a)
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               If any animal or dog shall, when off the owner's property, attack, assault, wound,
               bite, or otherwise injure or kill a human being, the owner or keeper shall pay a five
               hundred dollar ($500.00) civil penalty and, if the animal services director, after
               investigation supported by the evidence, finds the animal dangerous as defined in
               <a href="" data-chunk-id="COOR_CH3AN_ARTIINGE_S3-1DE" class="section-link" data-product-id="12207">section 3-1</a>, the animal services director will prepare a written order declaring whether the
               animal is found to be dangerous or prejudicial to the public safety or public health
               or not dangerous. If the 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 subsection, 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_ARTIIENAPPRREAC_S3-32PRMECOAN" class="section-link" data-product-id="12207">section 3-32</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.)
               </p>
            		
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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.
               </p>
            		
            <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_ARTIIENAPPRREAC_S3-32PRMECOAN" class="section-link" data-product-id="12207">section 3-32</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 destruction of the animal; or
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               (2)
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            <p class="content2">
               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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            <p class="content1">
               <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.
               </p>
            		
            <p class="p0">
               For each subsequent violation the owner or keeper shall pay a fifteen hundred dollar
               ($1,500.00) civil penalty.
               </p>
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               If any domestic animal or dog shall, when unprovoked and off of the owner's property,
               kill or wound or assist in killing or wounding any domestic animal or pet, the owner
               or keeper of such dog shall pay a two hundred fifty dollar ($250.00) civil penalty
               and the animal services director will follow the same process as outlined in this
               <a href="" data-chunk-id="COOR_CH3AN_ARTIVVAFEPEAP_S3-84IMPECEVICH" class="section-link" data-product-id="12207">section 3-84</a> above. For each subsequent violation of the animal control ordinance the owner or
               keeper shall pay a civil penalty of five hundred dollars ($500.00).
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Any act or failure to act proscribed by this section that is punishable by a civil
               penalty is also punishable as a misdemeanor.
               </p>
            		
            <p class="historynote0">
               (Ord. Of 9-21-21(2); Ord. of 1-20-22(1))
               </p></div>