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PA <br />0 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />7.06.020. Nonapplication of chapter. <br />A. This chapter shall not apply to: <br />1. Licensed kennels, humane society shelters, animal control facilities or <br />veterinarians; or <br />2. Dogs while utilized by any police department or any law enforcement officer in <br />the performance of police work. <br />B. In addition, no dog may be declared potentially dangerous or vicious if: <br />1. Any injury or damage is sustained by a person who, at the time the injury or <br />damage was sustained, was committing a willful trespass with the intent to commit a crime or <br />other tort (other than a mere trespass) upon premises occupied by the owner or keeper of the dog, <br />or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to <br />commit a crime; or <br />2. The dog was protecting or defending a person within the immediate vicinity of the <br />dog from an unjustified attack or assault; or <br />3. An injury or damage was sustained by a domestic animal which, at the time the <br />injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog; or <br />4. The injury or damage to a domestic animal was sustained while the dog was <br />working as a hunting dog, herding dog or predator control dog on the property of, or under the <br />control of, its owner or keeper, and the damage or injury was to a species or type of domestic <br />animal appropriate to the work of the dog. <br />7.06.030. Seizure and impoundment pending hearing. <br />A. If upon investigation it is determined by the Animal Control Officer or law <br />enforcement officer that probable cause exists to believe the dog in question poses an immediate <br />threat to public safety, then the Animal Control Officer or law enforcement officer may seize and <br />impound the dog pending the hearings to be held pursuant to this chapter. In such event, the <br />Animal Control Department or Chief of Police shall, not later than ten working days following <br />the seizure and impoundment, petition the Hearing Authority for a determination of the dog as <br />potentially dangerous or vicious at the next available regularly scheduled meeting of the Hearing <br />Authority. The owner or keeper of the dog shall be liable to the Animal Control Department <br />where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later <br />adjudicated potentially dangerous or vicious. <br />B. When a dog has been impounded pursuant to subsection (A) of this section and it <br />is not contrary to public safety, the Animal Control Department shall permit the animal to be <br />confined at the owner or keeper's expense in a Department approved kennel or veterinary facility. <br />7.06.040. Hearing on declaration of dog as potentially dangerous or vicious. <br />If an Animal Control Officer or law enforcement officer has investigated and determined <br />that there exists probable cause to believe that a dog is potentially dangerous or vicious, an <br />Animal Control Officer of the Animal Control Department or the Chief of Police may petition the <br />Hearing Authority for the purpose of determining whether or not the dog in question should be <br />declared potentially dangerous or vicious. Whenever possible, any complaint received from a <br />member of the public, which serves as the evidentiary basis for the Animal Control Officer or law <br />23152.06020\27262568.1 -12- <br />