04/04/2011 Council Packet - Laserfiche WebLink

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(c) The owner may be required to show proof of up -to -date rabies vaccination and, if required, licensing. (2) Procedure. When an animal is declared potentially dangerous, the animal control officer shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous. The notice shall state the date, time, place and circumstances of the incident, a description of the animal, the conditions to be complied with, if any, and shall advise the owner they have 14 days to appeal the determination or the imposition of conditions by requesting a hearing before the hearing officer. A fee of $50.00 shall be posted by the owners to cover the administrative costs of scheduling the hearing. (a) If an owner requests a hearing, a date shall be set not more than two weeks after receipt of the demand for a hearing. The hearing officer may consider all City records without the necessity for further foundation. After considering all of the evidence, the hearing officer shall issue a written order that rejects or upholds the determination. The order must be issued within ten days of the hearing and shall be delivered to the owner in person or by certified mail. If the hearing officer upholds the determination as potentially dangerous, the order may affirm or deny the conditions recommended by the animal control officer. If, as a result of testimony or other evidence at the hearing, there are grounds for declaring the animal to be dangerous pursuant to this Chapter, the hearing officer may change the designation and issue the appropriate orders. (b) If the declaration that the animal is potentially dangerous is upheld by the hearing officer, the actual expenses of the hearing, including attorney's fees, up to a maximum of $1,000, will be the responsibility of the animal's owner. (c) If an owner fails to comply with any conditions specified in an order and fails to request a hearing under subparagraph (a), the animal shall be seized. (3) Reclaiming animals. A potentially dangerous animal seized under this section may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements imposed under this section is fulfilled. An animal not reclaimed under this section within 14 days may be destroyed in a proper and humane manner or otherwise disposed of as directed by the animal control officer. (3) Subsequent offenses. If an owner of an animal that has been declared potentially dangerous and is subject to the conditions of this section has allegedly failed to comply with the conditions, the animal must be seized. Notice shall be provided to the owner of the basis for the seizure and the right to request a hearing before the hearing officer to determine whether conditions were violated. A request for hearing must be made within 14 days of the seizure, and a fee of $50 shall be posted by the owner to cover administrative costs. If the owner fails to request a hearing within 14 days, or is found to have violated the conditions, the hearing officer may be order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal as well as the costs of the hearing, if any, including attorney's fees, up to a maximum of $1,000.. If the owner is found not to have violated the conditions, the owner may reclaim the animal as set forth in this section.