There is hereby established the position of Animal Control Officer within the City of Andover, Kansas. Animal Control Officers shall include each and every member of the Andover Police Department and such other persons as the City of Andover shall from time to time designate. All duly appointed Animal Control Officers shall have the powers of law enforcement officers for the purposes of signing complaints, issuing summons, and serving notices to appear when the Animal Control Officer has probable cause to believe that a person has violated or is violating a section of this ordinance or when such violation has occurred in the presence of said officer.
(a) Upon the complaint of any person or upon his own initiative, an Animal Control Officer may hold a hearing to determine whether or not an animal which has attacked or bitten any person or domestic animal as vicious. The owner of said animal shall be notified in writing of the time and place of the hearing. If the owner is not known, notice of the hearing shall be published at least one week prior to the hearing in the official city newspaper. In making a determination, the Animal Control Officer shall consider the following:
(1) The seriousness of the attack or bite;
(2) The past history of attacks or bites;
(3) The likelihood of attacks or bites in the future.
(4) Conditions existing at the time of the attack or bite.
(5) The conditions under which the animal is kept or confined.
(b) If the Animal Control Officer determines that the animal is vicious, he may order that the animal be confined in a manner and location that will insure that it is no threat to persons or domestic animals. If such confinement is not possible, or if a prior order of confinement has been violated, the Animal Control Officer may cause the animal to be destroyed.
Alternatively, the owner of such animal shall be given the option to immediately and permanently move such animal from the city limits of the City of Andover. Any person failing to abide by such order of the Animal Control Officer shall be deemed to be in violation of this ordinance.
(c) Any person dissatisfied with any order or determination of the Animal Control Officer made pursuant to the preceding section may appeal such order or determination within three (3) days, excluding Saturdays, Sundays, and holidays, to the governing body of the City of Andover, Kansas. An appeal to the governing body shall be taken and based upon the evidence considered at the hearing before the Animal Control Officer. Pending the outcome of such appeal, any animal determined to be vicious by the Animal Control Officer shall be confined as directed by the Animal Control Officer.
Whenever any Animal Control Officer has probable cause to believe that a person has violated the requirements of this Ordinance, the officer may serve upon the person a written notice to appear in the municipal court or may sign a complaint against the person and cause a summons to be issued. Any person who shall be convicted of violating the provisions of this Order shall be punished by confinement in the Butler County Jail for not more than thirty (30) days and/or by the payment of a fine not exceeding Five Hundred ($500) Dollars.