§ 416-12.408. Findings after hearing.

(a)

After notice and hearing upon charges following the procedure described in Section 416-12.406 of this article, the owner or keeper of the animal will be provided with written notice, served by first-class mail, of the determination and order issued by the animal services director. If a determination is made after hearing that an animal is potentially dangerous or dangerous, the animal will be designated potentially dangerous or dangerous and may only be owned, kept or maintained by the current or any subsequent owner or keeper upon issuance of a potentially dangerous or dangerous animal permit as provided in Section 416-12.412 of this article. The animal services director retains discretion as to which animals are eligible for a potentially dangerous or dangerous animal permit. If an animal is eligible for the permit, notice of its eligibility will be provided with the notice of determination after hearing. If a determination is made after hearing that the owner or keeper of the animal has violated the conditions of a previously issued potentially dangerous dog or dangerous dog permit, the permit is immediately revoked and the animal is subject to humane destruction by injection at the discretion of the animal services director ten calendar days after mailing written notice of the determination.

(b)

If there are no additional instances of the behavior described in Section 416-12.402 of this article within a thirty-six-month period from the date of designation as a potentially dangerous animal, the animal's potentially dangerous designation shall be removed by the animal services director.

(Ords. 2005-24 § 2, 80-97 § 2).