Whenever an animal control officer or peace officer seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings provide the owner or keeper of the animal, if known or ascertained after reasonable investigation, with the opportunity for a post-seizure hearing as hereinafter provided to determine the validity of the seizure or impoundment, or both.
(A) Animal services shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:
(1) The name, business address, and telephone number of the officer providing the notice;
(2) A description of the animal seized, including any identification upon the animal;
(3) The authority and purpose for the seizure, or impoundment, including the time, place and circumstances under which the animal was seized;
(4) A statement that, in order to receive a post-seizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to animal services within ten days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail;
(5) A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.
(B) The post-seizure hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The hearing shall be conducted in accordance with the provisions of the hearings section.
(C) Failure of the owner or keeper, or of his or her agent, to request a hearing within the prescribed time period, or to attend a scheduled hearing, shall result in forfeiture of any right to a post-seizure hearing or right to challenge his or her liability for costs incurred.
(D) Animal services, or law enforcement agency that directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the post-seizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal, and the animal shall not be returned to its owner until the charges are paid and the seizing agency or hearing officer has determined that the animal is physically fit or the owner demonstrates to the seizing agency's or the hearing officer's satisfaction that the owner can and will provide the necessary care.
(Ord. 2018-252, passed 12-5-2018)