1990-07-09 Regular Meeting - Laserfiche WebLink

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7. "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or that results in death. 8. "Unprovoked" with respect to an attack by a dog means that the dog was not hit, kicked, or struck by a person with any object or part of the attacked person's body nor was any part of the dog's body pulled, pinched or squeezed by the person attacked. Sec. 5-147 DECLARATION OF A VICIOUS DOG. ~. A dog shall be automatically declared to be a vicious dog under Sec. 5-146 1(a) or 1(b) if the owner or keeper is convicted under Section 5-153(1) hereof. 2. An Animal Control Official may find and declare a dog to be a vicious dog if the official has cause to believe that a dog is a vicious dog under Sec. 5-146 1(c) or 1(d). 3. Upon receipt of an Affidavit of Complaint signed by one or more individuals, made under oath before an ind ividual authorized by law to take sworn statements, or made at the Office of Animal Control, setting forth the nature and the date of the act, the location of the event, the owner of the dog, the address of the owner, and the description of the dog doing such act, an Animal Control Official shall investigate the complaint including discussing the matter with the owner/keeper if that person can be located and may determine if a dog is vicious under Sec. 5-146 1(c) or 1(d). The owner of a dog shall have the right to provide such an affidavit or statement concerning his own dog. Sec. 5-148 NOTIFICATION OF DECLARATION OF A VICIOUS DOG 1. Within five (5) working days of declaring a dog vicious, the Animal Control Official will notify, by certified mail, return receipt requested, the person owning the dog of its designation as a vicious dog and of the requirements for owners of vicious dogs as set out in Sec. 5-151. 2. If the dog is declared to be vicious under Sec. 146 1(c) or 1(d), the notice shall inform the owner of the dog that a Determination Hearing may be requested to contest the declaration. The request for a Determination Hearing must be in writing and must be received by the Director of the Health Department or his designee no later than five (5) working days from receipt by the owner of the vicious dog declaration. Failure to appeal the declaration of vicious dog within five (5) working days shall result in the Animal Control Official's declaration as final. -4-