A. Determination; Notice Requirements:
1. Any animal control officer, or other representative of the county animal control, who suspects that a dog may be a vicious dog within the meaning of this chapter, based upon his own observations or the reporting of another, may conduct an investigation to determine whether or not the dog has committed any act or displays any characteristics which qualify it as a vicious dog. If, upon the completion of such investigation, the officer concludes that the dog is a vicious dog, such officer shall issue a written notice of determination which includes at least the following:
a. A description of the dog.
b. Information available concerning the ownership of the dog.
c. A statement or conclusion that the dog is a vicious dog within the meaning of this chapter.
d. A description of the investigation conducted by the officer and what acts or characteristics discovered during the investigation led the officer to conclude that the dog is a vicious dog.
e. Notice to the owner that the vicious dog must be licensed and housed in accordance with the requirements of this chapter.
f. Notice that the owner may appeal the determination of the officer to the president or his designee within seven (7) working days after the determination is served upon the owner.
2. The officer shall serve the notice of determination on the owner by certified mail or hand delivery to the last known address of the owner.
B. Appeals Procedure:
1. The owner may appeal any determination that the owner's dog is a vicious dog. An appeal must be directed to the president or his designee and must be filed by the owner in the office of the village clerk within seven (7) working days after receipt of the notice of determination which identifies the dog as a vicious dog. Should the owner fail to appeal the determination within seven (7) working days, the determination of the investigating officer that the dog is a vicious dog shall become final. Upon receipt of an appeal, the president or his designee shall convene a hearing for the purpose of determining whether the dog in question is a vicious dog.
2. The hearing of an owner's appeal shall be held within sixty (60) days of the date on which the appeal is filed. The president or his designee shall serve a notice of the time, date and location of the hearing upon the owner of the alleged vicious dog at least five (5) business days before the hearing. The hearing shall be conducted informally and shall remain open to the public. At the hearing, the owner shall have the opportunity to present evidence to explain why the dog should not be declared a vicious dog. The owner shall have the right to be represented by legal counsel at the owner's expense. The officer who made the initial determination that the dog is vicious, and any other persons having knowledge of the facts and circumstances, may be heard by the president or his designee and shall be subject to cross examination by the owner or the owner's attorney. The president or his designee shall decide all issues for or against the owner of the dog regardless of whether the owner appears at the hearing.
3. Within five (5) working days after the conclusion of the hearing, the president or his designee shall determine whether or not the dog is a vicious dog within the meaning of this chapter. The president or his designee shall notify the owner in writing of his determination. The decision of the president or his designee shall be final.
C. Summary Impoundment: If any officer of the village determines that the public safety requires the immediate impoundment of a dog as authorized by this chapter, the officer shall, within a reasonable time, notify the owner of the facts and circumstances relating to the impoundment. Upon receipt of such notification, the owner may appeal the determination of the officer to the president or his designee in accordance with the procedures established in this section for the identification of vicious dogs. (Ord. 708, 9-13-2012)