(A) If animal services has cause to believe that an animal is a potentially dangerous animal, the Director/designee shall issue a potentially dangerous animal restraint order to the owner(s) or custodian(s) of any such dog or animal that fits the description described in this chapter, of a potentially dangerous animal. The statement shall be served by hand-delivery or certified and first-class mail. The statement shall notify the owner(s) or custodian(s) of such animal(s) that such owner(s) custodian(s) is/are required thereafter at all times to keep such animal(s) in a secure enclosure or provide such other adequate secure restraint as may be specified on the restraint order.
(B) An owner(s)/custodian(s) of an animal(s) receiving a potentially dangerous animal restraint order may request a hearing on the order by a hearing officer selected by animal services Director. The request for a hearing must be submitted in writing, during the ten calendar days following the service of the order. Pending such hearing, the animal must be kept in a secure enclosure or adequately restrained as specified in the restraint order.
(C) Failure of the owner(s)/keeper(s) to request a hearing on the restraint order within the ten day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.
(D) All hearings pursuant to subsection (B) of this section shall be conducted by the hearing officer who shall not have been directly involved in the subject action. Hearings shall be held not more than ten working days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed 30 days if the hearing officer deems such continuance to be necessary and proper. Within ten days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery.
(E) Costs for successful enforcement of this section shall be recouped from the animal's owner.
(F) An animal which has been determined to be a potentially dangerous animal following the conclusion of the process described in subsections (A) through (D) of this section shall be added to a list of potentially dangerous animals maintained by animal services. Once an animal has been determined to be a potentially dangerous animal, if there are no additional instances of the behavior described in Section 10.06.030(D) within a 48 month period from the date of the restraint order, the animal may be removed from the list of potentially dangerous animals by the Director/designee.
(Ord. 2018-252, passed 12-5-2018)