(A) If an officer has investigated and determined that there exists probable cause to believe that an animal or household pet is potentially dangerous or vicious, the officer shall file a request for an administrative hearing with the Police Chief for the purpose of determining whether or not the animal or household pet in question should be declared potentially dangerous or vicious.
(B) The officer shall notify the owner or custodian of the animal or household pet that an administrative hearing will be held by the Police Chief, at which time he or she may present evidence as to why the animal or household pet should not be declared potentially dangerous or vicious.
(C) The owner or custodian of the animal or household pet shall be served with notice of the hearing, either personally or by first class mail with return receipt requested. Receipt of notice shall be deemed to have occurred as of the date of personal service or as of the date of deposit in the course of transmission of the United States Postal Service. The notice shall include the time and place of the hearing. If the animal or household pet is impounded pursuant to § 6.40.120, the owner or custodian of the animal or household pet shall be served with the notice of the hearing concurrently with a notice of impoundment pursuant to § 6.36.020, or within 48 hours after the notice of impoundment. The notice of impoundment shall include a statement that the time period within which to reclaim the animal or household pet shall be stayed until the decision of the Police Chief or the Hearing Officer is final and conclusive.
(D) The hearing shall be open to the public and held promptly within no less than five working days nor more than ten working days after the service of the notice upon the owner or custodian of the animal or household pet.
(E) The Police Chief may admit into evidence all relevant evidence, including incident reports and the statements of witnesses, and may shorten the time to produce records or witnesses.
(F) The Police Chief may find, upon a preponderance of the evidence, that the animal or household pet is potentially dangerous or vicious and shall make other orders required or authorized by this chapter.
(G) The determination of the Police Chief shall be final and conclusive upon all parties, unless timely appealed in accordance with § 6.40.140.
(Ord. 2010-18 § 6, 2010)