(a) Reckless animal owner designation.
(1) Any person who is found guilty of violating the provisions of this article three or more times from separate incidents within a 24 month period may be designated by the Chief as a reckless animal owner.
(2) For the purposes of this section, a person is considered to be found guilty of violating the provisions of this article if the person is found guilty, is placed on probation before judgment, or pays a civil fine for a violation of this article, or owns an animal designated by the Agency as potentially dangerous, dangerous, or vicious within the preceding 24 months.
(b) Notice. Upon designation by the Chief, the Agency shall issue a written notice to the reckless animal owner that includes:
(1) the name and address of the reckless animal owner;
(2) a description of the circumstances that led to the designation;
(3) the name, description, and license number, if any, of any animals owned or in the custody of the reckless animal owner; and
(4) notice of the right to appeal the designation.
(c) Appeal. A person designated as a reckless animal owner may appeal the designation by filing a written notice of appeal with the Commission within 10 days of service of the reckless animal owner notice.
(d) Commission hearing. The hearing before the Commission shall be governed by § 12-4-206. The Agency shall establish a violation of this section by a preponderance of the evidence. If the petitioner fails to appear at the hearing, the appeal shall be dismissed.
(e) Prohibition. An owner designated as a reckless animal owner may not own, keep, possess, or harbor any animal for four years from the date of the designation, all licenses issued under § 12-4-702 to the reckless animal owner shall be revoked, all animals owned or in the custody of the reckless animal owner shall be impounded and seized by the Agency and shall be immediately considered unwanted or unredeemed.
(Bill No. 89-20)