If an animal control officer has investigated and determined that probable cause exists to believe that an animal is potentially dangerous or vicious, a petition may be filed in the 41B District Court for a hearing for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public which serves as an evidentiary basis for the animal control officer, or law enforcement officer to find probable cause, shall be sworn to and verified by the complainant and shall be attached to the petition. Notice shall be provided to the owner or keeper of the animal and a hearing will be held at which time evidence may be presented by the possessor owner of the animal as to why the animal should not be declared potentially dangerous or vicious. The owner or keeper of the animal shall be served with notice of the hearing and a copy of the petition, personally or by first class mail with return receipt requested. A hearing shall be held upon no less than five working days notice and upon a date as to be established to the court. The hearing shall be opened to the public. The court may admit all relevant evidence. A jury shall not be available. The court may find upon a preponderance of the evidence that the animal is potentially dangerous or vicious and make orders as authorized pursuant to this chapter or otherwise as permitted by law. After the hearing, the owner or keeper of the animal shall be notified in writing of the determination and orders issued, either personally or by first class mail. If a determination is made that the animal is potentially dangerous, or vicious, the owner or keeper shall fully comply with the provisions of this chapter forthwith. The court may order that costs and expenses of the hearing, be paid by the owner, or keeper of the animal.
(Ord. 117. Passed 4-26-61; Ord. 409. Passed 12-15-14.)