§ 4-12. Pre-conviction termination of possessory rights.

(a)

Termination automatic upon abandonment. If an animal owner or person in custody and control fails to post a bond as required by section 4-13 and request a hearing, the animal is deemed abandoned and all the possessory rights of the owner in the animal are transferred to the designated agency. If the state fails to file a motion to terminate possession within ten days, the owner of the animal may reclaim it.

(b)

Termination upon possession hearing.

(1)

Upon receipt of a motion to terminate possessory rights for any reason other than abandonment, the court shall set a hearing. The hearing shall be conducted within fourteen (14) days after the filing of the motion, or as soon as practicable.

(2)

At the hearing, the city shall have the burden of establishing by a preponderance of the evidence that the animal was subjected to, or instrumental in, a violation of this article, is a public nuisance or danger, or will suffer needlessly if humane destruction is delayed. Upon its finding, the court may terminate the owner's possessory rights in the animal and transfer such rights to the designated animal care agency.

(3)

When ownership of the victim animal transfers to the designated agency for further disposition in accordance with accepted practices for humane treatment of animals, it may be placed by adoption or humanely destroyed.

(Ord. No. 3497, § 1, 6-2-03)