8.05.082 Classification of dogs – Notice – Restrictions pending appeals.
A. The animal control officer shall have the authority to determine, based on probable cause, that a dog is potentially dangerous or dangerous. The determination and classification of the animal shall be completed by the officer within three business days of the bite or attack report. In making the classification, the officer will consider all of the facts and circumstances of the incident, including but not limited to the following factors:
1. The observed and reported past and present behavior of the dog;
2. Whether the incident was accidental in nature;
3. The extent of the injury to the person or animal attacked; and
4. The keeper’s past history of compliance with the city and borough animal control code provisions pertaining to the dog involved in the incident.
B. Written notice of a dog’s classification under subsection A of this section shall be served on the keeper of the dog. The notice shall describe the dog, state the grounds for its classification, and state the restrictions and other requirements applicable to the dog by reason of its classification. The notice shall also state that if a written request for a hearing is filed with the animal control officer or police department within 10 days after completion of service of the notice, a hearing will be conducted by the animal hearing board under SGC 8.05.083(B) to review the classification of the dog or any related written administrative orders issued by the officer. The right to a hearing shall be deemed waived if not timely requested as set forth in this subsection.
C. The notice referred to in subsection B of this section shall be served either by personal delivery to the keeper or by certified mail, return receipt requested, addressed to the keeper at the keeper’s last known address. Notice by personal delivery shall be complete upon delivery and notice by mail shall be deemed complete upon return of the receipt or upon return of the notice as undeliverable, refused, or unclaimed.
D. Pending any hearing on the classification of a potentially dangerous or dangerous dog, the animal control officer may require that the dog be kept securely confined on the premises of the keeper or other location acceptable to the officer, which may include quarantine at the animal shelter at the keeper’s expense. (Ord. 02-1656 § 4(A), 2002; S.G.C. § 8.04.082.)