(a) Any of the characteristics in § 11-40 automatically characterize an animal as dangerous, and no hearing is required. If any owner disagrees with the facts used to designate the animal as dangerous, he or she may request a hearing under the provisions of subsections (c) through (e) below.
(b) Any of the characteristics in § 11-40 automatically characterize an animal as potentially dangerous. A record of each animal characterized as potentially dangerous, including the name and address of the owner, and the breed and age of the animal shall be kept with the Health Director. Such animals must be confined or leashed at all times. Upon receipt of three affidavits of complaint against a potentially dangerous animal, signed by one or more residents of the town made under oath before an individual authorized by law to take sworn statements, setting forth the nature and the date of the act, the owner of the animal, the address of the owner and the description of the animal doing such act, the designation of such potentially dangerous animal shall automatically be changed to dangerous.
(c) A determination hearing shall be conducted by the Health Director whenever there is cause to believe that an animal may be a dangerous animal. The hearing shall be conducted within five days of serving notice to the owner by certified letter. Pending the outcome of such a hearing, the animal must be securely confined in a humane manner either on the premises of the owner, with a licensed veterinarian or with the Animal Control Officer.
(d) The Health Director shall determine whether to declare the animal to be a dangerous animal based upon evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be considered germane to such a determination, Health Department personnel, police or any other person possessing information pertinent to such determination.
(e) The Health Director or the Director’s authorized agent shall issue written findings within five workdays after the determination hearing. The owner or possessor of the animal found to be dangerous by the hearing has the right to appeal the decision within three workdays of receiving such decision to the Board of Health.