§ 8-20-2. Determination of dangerous/vicious dog or animal.

A.

After an animal control officer has initially determined that a dog should be classified as dangerous/vicious and notification has been sent to the owner or other responsible party, unless a petition has been filed with the Shelby County District Attorney, pursuant to T.C.A. § 44-17-120, a mandatory ordinance summons shall be obtained by the animal control officer against the owner or other responsible party citing the code section violated, setting a date to appear in city court, court of general sessions, or a court of competent jurisdiction for a determination. If the animal shelter administrator obtains a summons under this code section, then during such time the administrator shall have authority to retain the animal for observation of rabies and safekeeping of the animal shelter. Any decision of the court shall be final, subject to appeal to a higher court of competent jurisdiction. During the running of any appeal time, the animal shelter administrator shall have authority to continue to retain the animal for observation of rabies and safekeeping of the animal shelter. The owner is required to pay $68.00 per day as a boarding fee for the dog for each day or fraction thereof the dog remains unclaimed, awaiting hearing, or retained by administrator. After the initial payment the owner must pay the charge in advance, keeping the account ahead. The owner must initially pay for at least 30 days of care and payments must be made in advance until the court authorizes the release of the animal. The initial payment shall be within ten days of the shelter taking possession of the animal. If the boarding fee is not paid as required to this section, the animal shall be deemed forfeited. At the owner's request and expense, the animal may be kept at a licensed veterinary clinic upon written statement from the veterinary clinic to the animal shelter administrator that the animal will be boarded in a private, licensed veterinary clinic and the posting of a bond with the administrator in the amount of $2,000.00 to insure compliance pending any and all court appearances.

B.

Failure of an owner to respond to the ordinance summons shall result in the animal being automatically declared a dangerous/vicious animal and owner has waived all rights to a hearing, and will result in the animal's ownership being relinquished to the animal shelter. At this time notice shall be given as in civil cases, that if the owner does not appear before the court within five days of receipt thereof and show cause why the dog should not be destroyed then the order shall be issued and the dog shall be destroyed.

(Code 1985, § 5-65; Ord. No. 4954, § 1, 8-6-2002; Ord. No. 5214, § 16, 9-7-2007; Ord. No. 5434, § 1, 1-3-2012)