§ 6-74. Impoundment and abatement of level one or level two dangerous dog.

(a)

If upon investigation it is determined by an animal control officer or law enforcement officer that probable cause exists to believe a dog poses an immediate threat to public safety, then the animal control officer or law enforcement officer may immediately seize and impound the dog pending a hearing to be held pursuant to this article. At the time of an impoundment pursuant to this subsection or as soon as practicable thereafter, the officer shall serve upon the owner of the dog a notice of a hearing to behalf pursuant to this article to declare the dog level one or level two dangerous.

(b)

Any animal control officer may impound any level one or level two dangerous dog if the animal control officer has reasonable cause to believe that any of the mandatory restrictions upon such dog are not being followed if the failure to follow such restrictions would likely result in a threat to public safety. The owner of a level one or level two dangerous dog shall surrender such a dog to any animal control officer or law enforcement officer upon demand. In the event such a dog is impounded, the animal control officer or law enforcement officer shall serve a citation upon the owner of such dog for violation of the provisions of this chapter.

(c)

If a dog has been impounded pursuant to subsection (a) or subsection (b), the animal control officer may permit the dog to be confined at the owner's expense in a veterinary facility pending a hearing pursuant to this article, provided that such confinement will ensure the public safety.

(d)

No dog that has been designated by the general sessions court as a level one or level two dangerous dog may be released by the animal center or a veterinarian until the owner has paid all veterinary costs and all other fees and cost of the animal center that are normally charged to an owner prior to redemption of the animal. If the owner fails to pay such fees and costs and take possession of the dog within ten days of the owner's receipt of notice of the designation of the dog as a level one or level two dangerous dog, the dog shall be deemed to have been abandoned and may be disposed of by the animal center or the animal control division. Euthanasia or surrender to the animal control division or the animal center of such a dog does not free the owner of responsibility for all costs incurred up to and including the date of euthanasia or surrender.

(Ord. No. O-07-12-102, § 2, 1-28-08)