(A) The Animal Appeals Board shall hear appeals from any determination that a dog or other animal is potentially dangerous, dangerous, or a threat to the safety and welfare of the public and other animals.
(B) The Animal Appeals Board shall be composed of five members; a veterinarian, a representative of a law enforcement agency, a person with animal behavior, breeding, or training experience, and two members from the general public. The two general public members, veterinarian member, and person with animal breeding, behavior, or training experience shall be appointed by the Board of Health. The Health Director shall request appointment of a law enforcement representative from local law enforcement agencies on a rotating basis. The Board of Health shall determine terms of appointments and general operating procedures for the Animal Appeals Board.
(C) The owner may appeal a determination by: filing a written notice of appeal within ten days of the determination (excluding holidays and weekends) on the Request for Appeal form provided by the Health Department Animal Services Division; and
(D) The Animal Appeals Board shall schedule a hearing within 10 business days of receipt of the appeal and the hearing shall be held within 30 days of the determination. Decisions of the Animal Appeals Board shall be issued in writing within 10 days after hearing the appeal.
(E) A person aggrieved by the decision of the Board may appeal to Superior Court of the county within ten days of receipt of the Board’s decision. The appeal shall be heard de novo before a Superior Court judge sitting in the county.
(F) All owners who have filed an appeal before the Animal Appeals Board or Superior Court must comply with the provisions set forth in § 91.092 “Protective Measures for Confinement of Potentially Dangerous or Dangerous Dogs or Other Animals” during the appeal process.
(Ord. passed 9-18-2017)