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Any town enforcement agent is authorized and empowered to remove and impound any animal in plain view, or subject to a valid search warrant, if the agent has probable cause to believe that an animal is vicious, aggressive, or destructive.
Ordinance 2021.005 added section 6-8-4 by amending paragraph D of former section 6-8-3
A. Whenever the town removes or impounds any animal pursuant to section 6-8-3 or 6-8-4, if the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the town enforcement agent, written notice shall be provided by one or more of the following means:
1. Personal service of the notice on the owner.
2. Leaving a copy of the notice with a person of suitable discretion at the owner’s residence or place of business.
3. Affixing the notice in a conspicuous place where the animal was found.
4. Mailing a copy of the notice to the owner’s last-known address by registered or certified mail, return receipt requested.
B. The notice required by this section shall contain, at a minimum, the following information:
1. The town’s intent to file, within ten days of the owner’s receipt of the written notice, a written request with the town magistrate for a hearing to determine if the animal should be returned to the owner or forfeited to the town enforcement agent.
2. The owner’s right to present witnesses and be represented by an attorney at the hearing.
3. The bond amount required pursuant to section 6-8-6, along with a statement that if the bond is not posted within ten days of the owner’s receipt of the written notice, the animal shall be deemed forfeited to the town enforcement agent.
Ordinance 2021.005 renumbered the section and amended its title and paragraphs A and B.3
Whenever the town removes or impounds any animal pursuant to section 6-8-3 or 6-8-4 pending a hearing to determine if the animal should be returned to the owner or forfeited to the town enforcement agent, the owner must post 20 days of impoundment fees in advance as a bond to defray some of the costs of boarding and impoundment, and any necessary veterinary care for the animal.
Ordinance 2021.005 renumbered the section and amended the cross-reference
A. The hearing shall be held in an informal manner and is open to the public. Oral and documentary evidence may be taken from any interested party or witness and considered in making a determination. The rules of evidence do not apply, and hearsay is admissible.
B. Any owner who fails to appear after notice may be deemed to have waived any right to introduce evidence.
C. The town enforcement agent may be represented by the town attorney or designee.
D. The owner may be represented by counsel at the animal owner’s cost.
E. Use of the civil procedures and remedies provided for in this chapter shall neither require nor preclude other enforcement action on the same facts, including a criminal prosecution of the owner. The civil procedures and remedies provided for in this chapter are remedial and not punitive, and are not precluded by an acquittal or conviction in a criminal proceeding.
F. This chapter shall not be construed as precluding the destruction of any animal if destruction is otherwise authorized by law, nor shall anything in this chapter be construed as precluding the spaying or neutering of any animal. If any provision of this chapter is in conflict with any other provisions of this code, the provisions of this chapter shall be controlling.
G. If a defendant testifies at a hearing held pursuant to this section, the defendant does not, by so testifying, waive the right to remain silent during the trial; and if the defendant does testify at the hearing, neither this fact nor the defendant’s testimony at the hearing shall be mentioned at the trial unless the defendant testifies at the trial concerning the same matters.
H. Appeal of the decision of the town magistrate shall be by way of special action to the superior court on the record of the hearing. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than 10 days after the town magistrate’s decision. If forfeiture is ordered, the town magistrate may order the owner to post a bond equivalent to 60 days of impoundment costs in order to perfect the appeal. Notice of the amount due shall be given to the owner by the town magistrate at the time of the hearing if forfeiture is ordered.
Ordinance 2019.005 amended paragraph H to change “30 days” to “10 days”
Ordinance 2021.005 deleted paragraph J and renumbered paragraphs B through I of former section 6-8-6 as section 6-8-8, and amended paragraph H
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