(A) Generally. Upon a complaint, or when he has reasonable suspicion, that a dog is potentially dangerous, dangerous or vicious, the Sheriff’s Office shall make a determination whether or not such dog is dangerous, potentially dangerous or vicious. Any determination that a dog is potentially dangerous, dangerous or vicious shall be made in a writing which summarizes the available evidence and which shall be delivered or mailed certified mail, return receipt requested, to the owner. If the determination is made that the suspect dog is dangerous, potentially dangerous or vicious, the written determination shall order compliance with the appropriate provisions of this subchapter and the Sheriff’s Office may impose reasonable conditions to maintain the public health and safety. The Sheriff’s Office shall assess appropriate civil penalties if he or she determines that violations of this subchapter have been established and may elect to pursue other remedies authorized by law.
(B) Appeals from determinations.
(1) Any party having a direct interest in the matter and aggrieved by any determination as provided in this subchapter may within five business days of receiving such determination appeal such determination in writing, within five business days to the Animal Control Board by delivering a written notice of appeal to the Sheriff’s Office. The ruling of Animal Control Board shall be final, subject only to such appeal or certiorari proceeding as may be provided by law to the Superior Court for the county, filed within ten days of the date of the final determination by the Animal Control Board. Any determination of the law enforcement agency under division (A) above may be appealed to the Animal Control Board by filing written objections with the Chairperson of the Animal Control Board within five business days after such determination. The Animal Control Board shall schedule a hearing on such appeal within ten days of the filing of the written objections. The Animal Control Board shall render its decision as expeditiously as possible after the hearing. It shall deliver it to the parties and any person appearing at the hearing and requesting notice thereof, certified mail, return receipt requested, and file it concurrently with the Sheriff and the office of the County Attorney. Any decision of the Animal Control Board concerning any appeal provided for in this subchapter other than under this division (B) shall be final.
(2) Any appeal hearing before the Animal Control Board shall be conducted as follows.
(a) The hearing shall be subject to the Open Meetings Law, being G.S. Ch. 143, Art. 33C, and the notice required there under shall be posted and given as applicable.
(b) The parties may appear pro se or be represented by an attorney.
(c) Any person adversely affected by the appeal may appear and participate fully in the proceeding.
(d) Participants may make any statements, present any evidence or offer any witnesses on their behalf on any relevant issue.
(e) Participants shall be entitled to the right of cross-examination.
(f) The hearing shall be quasi-judicial in nature and all testimony shall be under oath.
(g) Any participant shall be entitled to transcribe the proceeding at his or her own cost.
(h) The Animal Control Board may affirm, deny or affirm with conditions the determination appealed from. Any conditions imposed by the Animal Control Board shall be reasonable, shall be relevant to the issues in the matter and shall have the effect of promoting the public health, safety and welfare.
(i) The Animal Control Board shall announce its decision at an open meeting and render it in writing as expeditiously as possible at or following the hearing. Its decision shall contain findings of fact and conclusions in support of its decision.
(j) The Animal Control Board may order that a vicious dog be euthanized.
(Ord. 2013-24, passed 9-15-2013)