(a) Appeals. Any person, owner, or possessor affected by any ruling or action taken by animal control with regards to any of the following may request a review of such action by filing a request for appeal with the town manager:
(1) Seizing, relocating and impounding an animal or bees, unless said seizure was authorized by a judicial official.
(2) [reserved]
(3) Issuing a notice of intent to destroy.
Appeals pertaining to section 6-70 (dangerous dog) shall be made and conducted according to the provisions of that section.
(b) Method. Unless otherwise provided by law, a request for appeal must be made in writing and filed with the town manager, with a copy to the chief, within five days of the action or decision complained of and must state with particularity the grounds for the appeal. An appeal hearing shall be scheduled and conducted by the manager, or designee.
(c) Appeal bond. All persons requesting an appeal pursuant to this chapter shall post with animal control an appeal bond of ten per cent of the amount owed for redemption and boarding fees and civil penalties arising out of the conduct which is the subject of the appeal. However, in no event shall the appeal bond required pursuant to this section be less than $25.00 nor more than $250.00.
(d) Waiver of bond. The appeal bond shall be waived for any person determined to be indigent after filing an affidavit of indigence. The affidavit must state that the citizen is without funds to post an appeal bond in the amount required by the ordinance.
(e) Disposition of bond. The appeal bond shall be held pending determination of the appeal by the manager. The appeal bond shall be fully refunded if the manager overturns the action or decision complained of. If the manager upholds or affirms the action or decision of animal control, the appeal bond shall be paid to the animal shelter toward boarding and redemption fees for the subject animal. If no redemption or boarding fees are owed, the appeal bond shall be paid to the animal control unit.
(f) Responsible for fees and penalties. The owner shall remain responsible for any outstanding boarding and redemption fees or civil penalties that are not satisfied by the appeal bond.
(g) Decision. The manager shall render a decision within three business days of the hearing. The decision shall be delivered by personal delivery, electronic mail, or first class mail to the person requesting the appeal, with a copy to animal control.
(h) Decision upholding action. If the decision is against the person requesting the appeal, animal control shall implement the sanction(s) upheld by the manager. The person requesting the appeal may appeal the decision of the town manager to the Wake County Superior Court within ten days of the manager's decision. Any sanctions or penalties imposed shall be enforceable during the pendency of any appeal.
(i) Decision overturning action. If the decision is against animal control, efforts to implement the sanction(s) shall cease. A decision rendered by the manager applies only to the violation(s) and sanction(s) appealed and does not prevent the animal control unit from enforcing a subsequent violation of the same provision or any other provision of this chapter.
(Code 1982, § 4-35; Ord. No. 01-022, § 1, 11-8-2001; Ord. No. 2012-Code-02, 4-19-2012; Ord. No. 2012-Code-06, 10-11-2012; Ord. No. 2016-Code-01, 2-25-2016; Ord. No. 2019-Code-02, 9-12-2019)