6-8-8 Rules of hearing; remedies; testimony of defendant; appeal

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

6-8-9 Findings of court after hearing

A.   If the town magistrate finds from a preponderance of the evidence that the animal was subject to cruelty or neglect under the circumstances set forth in section 6-8-3 (A) or (B), the town magistrate shall order the animal forfeited to the town enforcement agent.

B.   If the animal is impounded to determine if the animal is vicious, aggressive, or destructive, the town magistrate shall make a finding in accordance with section 6-7-5(B).

C.   Unless good cause is shown, the animal’s owner shall be responsible for all fees associated with the impoundment of an animal pursuant to sections 6-8-3 and 6-8-4, including without limitation veterinary, removal, impoundment, boarding, microchipping, and disposition fees, until a final decision by the town magistrate, including the pendency of an appeal. No magistrate may waive or reduce any veterinary, impound or board fees resulting from the animal’s impoundment unless the owner prevails at the hearing.

Ordinance 2019.005 amended subparagraph C.5 to change “tattoo” to “microchip”

Ordinance 2019.005 amended subparagraph C.8 to remove “tattooed”

Ordinance 2021.005 renumbered the section as 6-8-9 and replaced paragraphs B, C, D with revised paragraphs B and C

6-8-10 Duty to produce; exemption; classification

A.   An owner of an animal charged with a violation of chapter 6-6 or chapter 6-7, or of an animal quarantined pursuant to section 6-7-10, shall produce that animal for inspection or impoundment upon the request of any town enforcement agent.

B.   This section shall not apply where the violation in question occurred when the animal bit a member of the owner’s household.

C.   Violation of this section is a class 1 misdemeanor.

Ordinance 2021.005 amended the cross-reference in paragraph A

6-8-11 Authority to microchip

The town enforcement agent is authorized and empowered to place or cause to be placed an identity-tracing microchip in any animal impounded under this title.

6-8-12 Payment of costs and fees associated with impoundment

Except as otherwise provided in this title, all fees associated with the impoundment of an animal for any reason under the authority of this title, including without limitation veterinary, removal, impoundment, boarding, microchipping, and disposition fees, shall be paid by the animal’s owner.