If a police officer, firefighter, dog catcher, county or state health official determines a dog to be vicious, he or she shall notify the person residing at the place the dog was being harbored in writing of such determination by certified mail. The owner or person in charge may request a review of said determination by the Town Council within five days of the date of the notice. Said request shall be filed with the Clerk-Treasurer. Failure to file the request timely will forfeit all rights of review. The decision by the Town Council may be appealed. The county circuit or superior court shall have exclusive jurisdiction over any review or appeal. The appeal or review of the decision of the Town Council shall be filed within five days of the decision by filing a petition with the county circuit or superior court. Failure to file an appeal within the time permitted shall forfeit all rights of appeal. The issue shall be decided upon the preponderance of the evidence.
(Prior Code, § 91.26) (Ord. 8, passed 9-16-1997)