6.07.010 Declaration of Animals as Dangerous or Potentially Dangerous – Procedure.
A. The animal control authority may declare an animal as dangerous or potentially dangerous if the animal control officer has a reasonable belief that the animal's conduct falls within the definition of a dangerous animal or potentially dangerous animal as set forth in PCC 6.02.010 and the exclusions contained in this Section do not apply. The finding must be based upon:
1. The written or verbal complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definitions of a dangerous or potentially dangerous animal; or
2. Animal bite reports filed with the animal control authority; or
3. Actions of the animal witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence.
B. Exclusions. An animal shall not be declared dangerous or potentially dangerous if the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass upon the premises occupied by the owner of the animal, or who was abusing or assaulting the animal, or who was committing or attempting to commit a crime. This exclusion does not apply to actions taken in defense of oneself, other humans, animals, or property.
C. The declaration of a dangerous or potentially dangerous animal shall be in writing and shall be served on the owner by one of the following methods:
1. Regular and certified mail to the owner's last known address. Service shall be deemed complete upon the third day following the day upon which the notice was placed in the mail. If the third day falls upon a Saturday, Sunday, or legal holiday, then service shall be deemed complete on the next business day; or
2. Personally; or
3. By posting the declaration in a conspicuous location at the owner's residence.
D. The declaration shall state at least:
1. The description of the animal.
2. The name and address of the owner of the animal, if known.
3. A brief statement of facts upon which the declaration is based.
4. A reference to the Code Section that contains a definition of a dangerous or potentially dangerous animal and to this Chapter.
5. The availability of an appeal in case the person objects to the declaration, if a request is made within ten calendar days.