Chapter 6.14
ANIMAL BITE INCIDENTS

Sections:

6.14.010    Animal bite incidents.

6.14.020    Hearings and appeals to the animal control commission.

6.14.030    Hearing procedure.

6.14.010 Animal bite incidents.

A. It shall be the duty of the animal control officer to investigate and make a determination and classification of each animal bite incident which is reported. The superintendent of animal control shall review and approve the determination and classification made by the animal control officer in each case. If the incident is classified as accidental, the animal shall be quarantined for 10 days pursuant to FNSBC 6.16.010, and no further conditions shall be required. If the biting animal was not otherwise in violation of the law, and that animal was teased, tortured, or abused by the victim or was protecting itself, its owner or the owner’s property from an unlawful act perpetrated by the victim, these circumstances may be taken into consideration by the animal control officer or animal control commission when classifying the animal and/or determining the conditions of release. Otherwise, the animal shall be classified as:

1. Class A, meaning an animal is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person or animal; or

2. Class B, meaning an animal which:

a. Has inflicted injury on a person on public or private property, or

b. While not under restraint, has killed a domestic animal; or

3. Class C, meaning any animal which inflicts a severe injury or a severe bite to a person on public or private property;

4. Each class shall have one of the following subclassifications:

a. Type 1 means an animal which is not subject to any previous conditions of release.

b. Type 2 means an animal which is subject to and in compliance with all previously imposed conditions of release.

c. Type 3 means an animal which is subject to and in violation of previously imposed conditions of release.

d. Type 4 means an animal which is subject to and in violation of previously imposed conditions of release two or more times within the previous five years.

A case involving an animal which is classified as Class C with any subclassification; or, at the animal control officer’s discretion, any animal classified as Class B, subclassification Type 4, shall be heard by the animal control commission pursuant to FNSBC 6.14.020(C).

B. No later than seven days after an animal is impounded in connection with an animal bite incident, the animal control officer shall determine if such animal is subject to redemption upon consideration of the following factors:

1. The observed and reported past and present behavior of the animal;

2. The circumstances of the incident and the extent of the injury to the attacked person or animal;

3. The owner’s past history of compliance with this title, including compliance with redemption conditions which the animal control officer has previously imposed on the owner’s animals; and

4. The nature and location of any restraint or confinement system which the owner actually has in place at the time the animal control officer makes a decision.

C. If the animal control officer determines that the animal is Class A or Class B, the animal control officer may set conditions of release including, but not limited to, requirements for fencing and chaining the animal, maintaining the animal in a house or garage, requiring the animal to be leashed or muzzled when in public or when not controlled by a competent adult, requirements for safe travel with the animal, a requirement of spaying or neutering of the animal, or require that the animal be enrolled in obedience classes.

D. If the owner agrees to the conditions as set by the animal control officer, the animal shall be released to the owner upon compliance with the conditions of release, and payment of required fees.

E. Failure to maintain a classified animal according to the conditions of release is a violation. (Ord. 2000-50 § 7, 2000; Ord. 88-058 § 8, 1988)

6.14.020 Hearings and appeals to the animal control commission.

A. An owner aggrieved by the decision of the animal control officer may appeal to the animal control commission, or directly to superior court. Such request for appeal must be filed within five days of the date of the decision of the animal control officer. The animal control commission may affirm, reverse, or modify the classification or conditions as set by the animal control officer. The animal control commission shall have the power to euthanize the animal. The animal control commission shall set a hearing date to be held within 15 days of the receipt of the request for appeal by the owner.

B. A request to appeal a decision of the animal control officer to the animal control commission shall be accompanied by advance payment of room and board fees calculated from the date of the decision of the animal control officer to the date set for hearing by the animal control commission.

C. The animal control commission shall have jurisdiction over all animals classified as Class C or referred by the animal control officer. A hearing shall be held within 15 days of the written classification by the animal control officer. The animal control commission shall have the authority to order euthanasia of the animal should the facts and circumstances so merit. (Ord. 2000-50 § 8, 2000; Ord. 88-058 § 8, 1988)

6.14.030 Hearing procedure.

A. A quorum shall consist of three members of the animal control commission. If only three members of the commission are present, it will take a unanimous vote in order to euthanize an animal. If more than three members of the commission are present, then a majority of those present must vote in favor of euthanasia.

B. The animal control commission shall review the written decision of the animal control officer, hear statements from the victim and representative of animal control, and hear statements from the owner of the animal, and review any pertinent materials. Additional witnesses who observed the event shall also be heard, and the owner may present witnesses to testify to the general character or demeanor of the animal, subject to the discretion of the animal control commission to limit cumulative, redundant or irrelevant testimony. The commission, the animal control representative and the owner shall have the opportunity to question witnesses.

C. An owner aggrieved by the decision of the animal control commission may appeal to the superior court. Notice of intent to appeal shall be given to the animal control officer within 72 hours of the decision of the animal control commission. The animal control officer shall demand advance payment for one month of room and board expense should the owner file a notice of intent to appeal to the superior court. (Ord. 2000-50 § 9, 2000; Ord. 88-058 § 8, 1988)