§ 416-12.406. Hearing procedures.

(a)

If an animal services officer determines there is probable cause to believe that an animal is potentially dangerous or dangerous, or that the owner or keeper of an animal previously determined to be potentially dangerous or dangerous has violated any animal permit conditions, the animal services director shall hold a public hearing to determine whether grounds exist to designate the animal potentially dangerous or dangerous, or to determine whether permit conditions have been violated, and if so, what orders and penalties should apply. If the owner or keeper of the animal does not dispute the charges alleged, he or she may waive the right to a hearing and, if eligible, immediately apply for an animal permit under this article.

(b)

At least five business days prior to the hearing, the animal services director shall serve the owner or keeper of the animal with a notice containing a statement of the charges, and the date, time and place of hearing. Service shall be by first-class mail or personal service.

(c)

Evidence received at the hearing must be relevant and of such nature as responsible persons are accustomed to rely on in the conduct of serious affairs. Written statements by a county officer or employee, an officer or employee of the state, or an officer or employee of any law enforcement or fire protection agency acting in the course and scope of their official duties or employment, written records of the animal services department, and statements under penalty of perjury may be accepted as evidence that the fact(s) or condition(s) expressed therein do or do not exist.

(d)

The animal services director will consider the following factors in determining whether an animal is potentially dangerous or dangerous:

(1)

Whether any injury or damage to a person by the animal was caused or contributed to by the actions of that person, including acts of physical abuse, tormenting, teasing, or assaulting the animal;

(2)

Whether a person injured or damaged by the animal was committing a trespass or other tort upon premises occupied by the owner or keeper of the animal, or was committing or attempting to commit a crime;

(3)

Whether any injury or damage to a domestic animal was caused or contributed to by the actions of the domestic animal, including acts of teasing, tormenting, abusing, or attacking the animal;

(4)

Whether a person injured or damaged by the animal had gained uninvited and unauthorized entry onto fenced or indoor property of the animal's owner or keeper. As used in this section, "unauthorized entry" does not include entry into a fenced residential front yard unless the yard is locked or posted to prohibit entry;

(5)

Whether any injury or damage to a person by the animal was caused while the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault.

(Ords. 2005-24 § 2, 83-10 § 4, 80-97 § 2).