A. Service Of Notice: Within three (3) business days of the determination by the chief of police that a dog is dangerous or vicious, the chief of police will cause a notice to be served on the owner of the designated dog. The notice may either be served in person to the owner or by registered or certified mail, return receipt requested, to the owner of the dog.
B. Contents Of Notice: The notice will contain a statement to the owner concerning their right to appeal the proposed designation. The statement will inform them of the procedure to request an appeal. The notice will also include the owner's name and address, a description of the subject dog, the time, date, and location of the incident, and a description of the behavior that initiated the dangerous or vicious dog complaint. The notice will also include all requirements that may be placed upon the owner should the designation go forward.
C. Request For Hearing: The owner of the dog will have seven (7) business days from the date of service of the notice to request a hearing to challenge the city's proposed dangerous or vicious designation. The request for a hearing will be delivered to the chief of police either by written request or in person. Failure to make a timely request for a hearing shall constitute a waiver of the right to a hearing.
D. Schedule Of Hearing, Time Limit: The chief of police will schedule a hearing within seven (7) business days of receiving a request for a hearing.
E. Conduct Of Hearing: A hearings officer appointed by the city manager will conduct the hearing. Both the city and the owner will have the opportunity to provide physical and testimonial evidence in the proceeding. The hearing will be open to the public and the standard for affirmation of the proposed designation will be by a preponderance of the evidence. (Ord. 630-10, 1-11-2011)