(A) The MACO is authorized to immediately impound any dangerous animal found in the county which does not fall within the exceptions listed in this title, and the MACO may house or dispose of such dangerous animal in such manner as may be deemed appropriate, except as the procedures in division (B) below otherwise require.
(B) When the MACO has impounded any dangerous animal pursuant to this section and the owner of such animal disputes the classification, the owner of such animal may file a written petition with the MACO for a hearing concerning such classification no later than seven days after impoundment. Such petition shall include the name and address, including mailing address of the petitioner. The MACO will then issue a notice of hearing date by mailing a copy to the petitioner’s address no later than ten days prior to the date of the hearing. Where no written request from the owner for a hearing is received by the MACO within seven days of impoundment, the dangerous animal shall be destroyed.
(C) The hearing, if any, will be held before the MACO and a hearing officer designated by the MACO. Any facts which the petitioner wishes to be considered shall be submitted under oath or affirmation, either in writing or orally at the hearing. The petitioner shall bear the risk of non-persuasion. The MACO or hearing officer shall make a final determination whether the animal is “dangerous,” as defined in this subchapter.
(D) If the animal is found to be dangerous, it shall be destroyed, unless the owner produces evidence deemed sufficient by the MACO that the animal is to be permanently taken out of the county and the owner pays the cost of impoundment. If the animal is found not to be dangerous, the animal shall be released to the owner. The procedures in division (B) above shall not apply and the owner is not entitled to such a hearing with respect to any animal impounded as the immediate result of an attack or bite, as defined in § 92.028 of this code. In those instances, the animal shall be handled and the procedures governed by the provisions of §§ 92.065 through 92.073 of this code.
(Prior Code, § 5-5-4) (Ord. 11-13, passed 10-18-2011)