A. Determination that an Animal or Dog is Potentially Dangerous, Dangerous or Vicious. If an Animal Control Officer, Code Enforcement Officer or law enforcement officer has investigated and determined that there exists probable cause to believe that a dog or animal is potentially dangerous, dangerous or vicious, the Animal Control Supervisor, or designee, may set a hearing for the purpose of determining whether or not the dog or animal in question should be declared potentially dangerous or vicious.
B. Notice to Owner or Keeper; Hearing. The Animal Control Supervisor shall notify the owner or keeper of the dog or animal that an administrative hearing will be held by the City, at which time said owner may present evidence as to why the dog or animal in question should not be declared potentially dangerous or vicious. The owner or keeper of the dog or animal shall be served with notice of the hearing, either in person, by first class mail or by certified mail with return receipt requested at the owner's last known address, not less than five (5) days, nor more than ten (10) days, before the time set for the hearing. Service shall be deemed complete at the time the notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings thereunder. The hearings shall be open to the public. The City Manager or designee shall conduct the administrative hearing.
C. Notice shall be substantiated in the form set forth below:
"Re: Notice of Administrative Hearing for determination and disposition of Potentially Dangerous, Dangerous or Vicious Dogs or Animals.
This is a Notice of Administrative Hearing before the City Manager of the City of Adelanto or his/her designee, to determine whether your dog or animal (name of dog or animal, description of animal if available) is a potentially dangerous, dangerous or vicious dog (or animal). If your dog (or animal) is found to be potentially dangerous and/or vicious as defined by the City of Adelanto Municipal Code Chapter 7.06, Section 7.06.030, the City Manager or his/her designee as Hearing Officer may issue any one (1) or more of, but not limited to, the following orders:
1. The dog or animal shall be properly licensed and vaccinated.
2. The dog or animal shall be maintained on the owner's property and kept indoors or in a securely fenced yard from which the dog or animal cannot escape.
3. The dog or animal shall be maintained in a covered chain-link run with cement flooring and locked gate from which the dog or animal cannot escape and into which children cannot trespass.
4. The dog or animal cannot be off the owner's premises unless it is restrained by a substantial leash and muzzled (if appropriate) under the control of a responsible adult.
5. If the dog or animal dies or is sold, transferred or permanently removed from the City of Adelanto where the owner resides, the owner shall notify the City of Adelanto of the changed condition and new location of the dog or animal within two (2) days in writing.
6. The dog or animal shall be destroyed.
7. The dog or animal owner shall pay all costs incurred by the City of Adelanto for housing, maintenance, feeding and veterinary care during such time the dog or animal is in the custody of the City of Adelanto.
8. The dog or animal shall be required to be sterilized.
9. For purposes of future identification, photo identification or permanent marking of the animal.
10. If the person owning or possessing the animal is a tenant or occupant of property owned by another person, requiring that the person owning or possessing the animal obtain written permission from the landlord/property owner to keep the animal on certain specified premises.
11. Any person keeping or harboring any dog or animal deemed vicious within the City of Adelanto must provide proof of ability to respond in damages up to one hundred thousand dollars ($100,000.00) by obtaining a policy of insurance coverage in said amount for bodily injury to, or death of, any person or persons or for damage to property owned by any other person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such dog or animal.
12. Animal Control has the right to inspect the property at any time for violations of the findings and orders in the hearing. In the event the owner fails to meet the required conditions from the findings and orders in the hearing, Animal Control may impound the dog or animal and take it to the Shelter or otherwise disposed of such dog or animal, so that it may not become a menace to the public."
13. You have five (5) days from the date you receive the written notice of the findings and orders in the hearing to comply with required corrections and pay all fees and/or fines associated with this hearing. On day six (6), the dog or animal will become property of the Animal Control and be disposed of.
[Ord. No. 521, 10/23/13.]