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06/27/2023 Ordinances 9933ORDINANCE NO. 9933 An ordinance to amend Chapter 5 of Grand Island City Code; to amend Section 5- 47; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 5-47of the Grand Island City Code are hereby amended to read as follows: Article VIII. Appeal Procedure 5-47 Dangerous and Potentially Dangerous; Nuisance Owneri Declaration; Appeal; Disposition A. If it shall appear to an animal control officer that any animal conforms to the definition of a dangerous animal or potentially dangerous animal, or an owner is a Nuisance Owner pursuant to §5-46 above, written notice declaring the animal a dangerous or potentially dangerous animal or an owner a Nuisance Owner shall be delivered to the animal's owner either by personal service or by Certified U.S. mail addressed to the last known address of said owner. B. In the case of a dangerous animal, within five (5) days of personal service or mailing of a notice of declaration to the animal's owner said owner shall deliver said animal to the Animal Control Authority far impoundment and disposition pursuant to §5-37. In the case of a potentially dangerous animal, within five (5) days of personal service or mailing of a notice of declaration to the animal's owner said owner shall either provide reasonable proof of compliance with §5-36 and §5-37 of the Grand Island City Code or shall deliver said animal to the Animal Control Authority for impoundment and disposition . Refusal or failure by the owner of any animal declared a dangerous animal or potentially dangerous animal to comply with this subsection shall be a violation of the Grand Island City Code and shall be subject to abatement as a public nuisance pursuant to §5-46. C. The owner of any animal declared a potentially dangerous animal or dangerous animal by an animal control officer, or declaration of a Nuisance Owner pursuant to §5-46 above may appeal the decision to the Animal Advisory Board by submitting a letter of appeal to the City Attorney's Office within 72 hours of either receiving personal service or mailing ORDINANCE N0.9933 (Cont.) of the written notice of declaration. The Animal Advisory Board shall hold a hearing within fifteen (15) days of delivery of the letter of appeal to the City Attorney's Office. The hearing shall be conducted informally. The animal's owner and Animal Control Authority shall present oral or written statements or reasons supporting or opposing the declaration to the Animal Advisory Board. Statements by each participant shall be limited to a total time of thirty (30) minutes or less. Upon conclusion of the hearing the Animal Advisory Board may reverse, modify or affirm the declaration of the Animal Control Authority. Notice of the determination of the Animal Advisory Board shall be given to the animal's owner and the Animal Control Authority, either personally or by United States Mail. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 27, 2023 Roger . Stee e, Mayor Attest: �� � RaNae Edwards, City Clerk F.GRAND /s;9 �,� � • � �r 0 c�� �GO� �r�p �ti O *� �►•� �*' �,°F� fo,1�''.� .� .• N�gRASy�P -2-