A. At the time stated in the Notice of Administrative Hearing, the City Manager or his/her designee, hereafter referred to as Hearing Officer, shall hear and consider all relevant evidence, objections or portents and shall receive testimony under oath relative to the alleged potentially dangerous, dangerous or vicious dog or animal. The Hearing Officer may admit into evidence all relevant evidence, including incident reports and affidavits of witnesses. The Hearing Officer may find, upon a preponderance of evidence, that the dog or animal in question is potentially dangerous, dangerous or vicious and may make orders authorized by Section 7.06.030 of this Chapter. Said hearing may be continued from time to time.
B. The Hearing Officer shall consider at least the following factors in determining whether an animal is potentially dangerous, dangerous or vicious:
1. Whether any injury or damage to a person by the animal was caused or contributed to by the actions of that person, including by way of acts of physical abuse, tormenting, teasing, or assaulting the animal.
2. Whether a person injured by the animal was committing a trespass or other tort upon premises occupied by the owner or keeper of an animal, or was committing or attempting to commit a crime.
3. Whether any injury 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 that allegedly caused the injury.
4. Whether a person injured 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 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.
C. If the Hearing Officer finds by a preponderance of the evidence that the dog or animal, which is the subject of the hearing, is potentially dangerous, dangerous or vicious, the Hearing Officer shall prepare findings and make specific orders with respect to the dog or animal as authorized by this Chapter. A copy of the findings and orders shall be served on the owner or keeper of the dog or animal in accordance with the provisions of Section 7.06.030.
[Ord. No. 521, 10/23/13.]