§ 10-31. Hearing.

(a)

The court with jurisdiction shall determine whether to declare the animal to be a dangerous/vicious animal based upon the evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be considered germane to such a determination, health department personnel, animal control personnel, police or any other person possessing information pertinent to such determination. The court shall issue written findings within five days after the determination hearing. In making the determination, the court shall consider, but is not limited to the following:

(1)

The seriousness of any attack or wound;

(2)

The past history of wounds or damages inflicted by the animal;

(3)

The conditions existing when the animal threatened, attacked or inflicted any wounds or damages; and

(4)

The conditions under which the animal is kept and maintained.

(b)

The court shall make a finding and notify the owner of required restrictions if the animal is determined to be dangerous/vicious as defined in section 10-26. Additional instructions of the court may include such instructions as a requirement of marking the animal for permanent identification, the purchase of liability insurance by the owner, neutering/spaying or humane destruction at the owner's expense.

(Code 1993, § 10-31; Ord. No. 88-4, § 5(c), (d), 2-11-1988; Ord. No. 96-93, art. V(c), (d), 9-26-1998)