5.20.070 Destruction of Animals/Termination of Owner Rights.
A. If an animal has been found to have violated BC 5.20.040(A)(1) or (B)(1) the Judge shall enter an order terminating the animal owner’s rights to the animal and/or requiring that the animal be humanely destroyed.
B. If an animal has been found to have committed two or more violations of BC 5.20.040(A)(2), (3) or (4) within a five-year period, the Judge shall enter an order terminating the animal owner’s rights to the animal and/or requiring that the animal be humanely destroyed.
C. The Judge may terminate an animal owner’s right to the animal and direct that the animal be placed in an animal shelter for possible adoption and/or prohibit the owner from owning or possessing animals in the City if:
1. The Judge determines that an animal’s violation of BC 5.20.040(A)(1), (2), (3), or (4) or (B)(1), (2), or (3) was caused by the neglect, abuse or tormenting of the animal by its owner-keeper.
2. The animal or the owner of the animal has committed two or more violations of BC 5.20.040 within a one-year period.
3. In deciding whether to terminate an owner’s rights to an animal under this section, the Judge shall consider the extent to which each violation was attributable to an action of the owner.
4. Violation of an order issued under this section is a Class A civil infraction.
D. The Judge may suspend any orders in subsection (A), (B), or (C) of this section for a period of up to five years, subject to conditions, which may include:
1. A requirement that neither the animal nor the animal’s owner or keeper commit any further violations of this chapter.
2. A requirement that the animal’s owner or keeper pay Court ordered penalties resulting from the animal’s violation of this code.
3. A designation of the animal as a dangerous animal that is subject to the dangerous animal restrictions described in BC 5.20.035(D).
4. A provision that allows law enforcement officers, upon a future violation of BC 5.20.025, 5.20.035 or 5.20.040 by the animal, to take the animal into custody pending further review and order by the Judge.
5. Any other condition that the Judge deems appropriate. [Ord. NS-2248, 2015; Ord. NS-2151, 2010; Ord. NS-2142, 2010]