(A) If an animal control officer determines that probable cause exists to believe a dog is potentially dangerous or vicious, the supervisor of the Animal Control Bureau or the Chief of Police, or their designee, shall file a petition with the Animal Control Board for a hearing to determine whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public shall be sworn to and verified by the complaining party and attached to the petition.
(B) The Animal Control Board shall cause notice of the hearing to be provided to the owner or keeper of the dog, as well as to any other responsible party if an animal control officer determines such notice to be appropriate under the circumstances, along with a copy of the petition and any accompanying information filed with the Animal Control Board. The hearing notice shall include the date, time and location of the hearing, as well as a statement that the owner, keeper or other responsible party may present evidence at the hearing. Notice shall be provided either: (1) by personal delivery; (2) by posting the premises where the animal is kept (for notice to an owner, keeper or other responsible party who resides at or occupies the premises where the animal is kept); or (3) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail. If notice is posted on the premises, it shall be posted on the front door or primary entrance to the premises, or at a location which is visible from the street and which is as close to the front door or primary entrance to the premises as is reasonably possible, and time and date-stamped photographic evidence of the posting shall be taken and preserved as part of the file for the matter. Notice shall be deemed delivered when personally delivered, posted on the premises, or when deposited in the U.S. mail.
(C) The hearing shall be open to the public and held not less than five business days or more than ten business days after service of the notice upon the owner or keeper of the dog; provided, however, that the Animal Control Board can extend the hearing date for good cause in its discretion. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses who have testified under direct examination; provided, however, that the Animal Control Board may limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Board may also admit all relevant evidence, including incident reports and affidavits of witnesses, if it is the type on which reasonable persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. The rules of privilege are applicable to the extent they are permitted in civil actions. Oral evidence may be taken on oath or affirmation. Irrelevant collateral, undue or repetitious evidence shall be excluded. The Animal Control Board may decide all issues even if any or every owner, keeper or other responsible party fails to appear at the hearing. The Animal Control Board may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.
(`78 Code, § 6.10.020.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)