618.26 ANIMAL CONTROL DETERMINATIONS REGARDING DANGEROUS OR VICIOUS DOGS; APPEALS PROCESS.
   (a)   The Mayor shall designate a hearing officer to hear appeals regarding dangerous or vicious dogs.
   (b)   Upon receiving a report of a potential dangerous or vicious dog or identifying a potential dangerous or vicious dog, the Animal Control Officer is authorized to deem such animal to be dangerous or vicious pursuant to the standards provided in this chapter as well as any additional standards provided by State law.
   (c)   The Animal Control Officer shall provide written notice of his/her determinations by hand delivery to the owner, keeper or harborer or their residence or by certified mail within seven business days of the Animal Control Officer receiving a report or identifying a dangerous or vicious dog. In the event certified mail is returned for any reason, the Animal Control Officer may send the notice by regular mail. The written notice shall inform the owner, keeper or harborer of the Animal Control Officer's determination, specify the appropriate steps to be taken to properly own, keep or harborer the dangerous or vicious dog, and notify the owner, keeper or harborer of the appeal process provided herein.
   (d)   The owner, keeper or harborer of any animal which has been declared a dangerous or vicious dog may appeal the Animal Control Officer's determination before the designated hearing officer within seven days of receiving the notice provided under subsection (b). The owner, keeper or harborer of said dog must request an appeal in writing clearly specifying the reasons for such appeal and submit the appeal directly to the designated hearing officer or his/her designee.
   (e)   Upon receiving a timely notice from the owner, keeper or harborer of the dangerous or vicious dog, the hearing officer or his/her designee shall hold a hearing on the appeal within fourteen days of receiving the owner, keeper or harbor's request for an appeal unless a date beyond the fourteen day period is agreed upon by the parties. The Animal Control Officer or the party requesting the appeal may bring any necessary witnesses, including licensed veterinarians, who may be able to provide testimony regarding the nature of the dog which is the subject matter of the Animal Control Officer's determination.
   (f)   The designated hearing officer shall render a decision within seven days of the date of the hearing. The hearing officer shall notify the owner, keeper or harborer of his/her decision in writing. The hearing officer's decision shall be considered a final determination of the matter.
   (g)   This appeals process shall be utilized only when the Animal Control Officer makes a determination as to the classification of a dog as dangerous or vicious. The designated hearings officer has the authority to deny a request for an appeal that does not pertain to an Animal Control Officer's determination made under this chapter.
(Ord. 07-30. Passed 7-16-07.)