6.02.050 Summary seizure and post-seizure hearing.

Except as provided in Section 6.02.040, an animal control officer may seize and impound an animal for violation of any provision of this Chapter or state law prior to a hearing in any of the following situations where the owner is not present and where the officer reasonably believes it is necessary:

1. To protect health, safety and property; or

2. To protect an animal that is injured, sick, or starving and should be cared for.

A. Even when the person owning or having the right to control any animal is present, an animal control officer may seize or impound any animal that the officer reasonably believes to be infected with disease transmittable to humans or to be potentially dangerous or dangerous so as to be a threat to public health, safety or property. Such seizure or impoundment may be made even though the animal is confined at the time of the seizure or impoundment.

B. If the owner or person with the right to control the animal wishes to challenge the seizure or impoundment, he or she shall so advise the City Manager, in writing, within seventy-two (72) hours after the seizure or impoundment.

C. The City Manager will promptly set the time and place for the hearing and will cause notice of such hearing to be mailed to the requesting party no later than five (5) days before the hearing.

D. The hearing will be conducted as set forth in Section 6.02.060.