(A) Applicability. When an animal has been or shall be seized pursuant to § 90.071(A)(2) and (A)(3), the procedures in this section shall be followed.
(B) Manner of seizure. The actual act of seizing the animal shall be done in any manner consistent with state law and the United States Constitution.
(C) Notice and holding period. The Bureau shall conduct reasonable efforts to identify, locate and notify the animal's owner. The animal shall be held three working days, excluding the day of seizure, from the date notice is sent to the owner or from the date of seizure if the owner cannot be identified or located after reasonable efforts to do so. The notice, if sent, shall include the following statements:
(1) An order to the animal's owner to contact the Bureau immediately;
(2) A brief statement of the date, location and reason for the seizure of the animal;
(3) A statement that the animal is subject to forfeiture and humane destruction within three working days from the date the notice was sent;
(4) A statement that a hearing will be held, at the owner's request, to determine if the animal shall be forfeited; and
(5) A statement of the methods by which the owner may contact the Bureau.
(D) Hearing. A hearing shall be held if the owner has contacted the Bureau within the three days and requested a hearing. The hearing shall be conducted in the same manner and with the same remedies and consequences as those set out in § 90.072. If the violation that is the basis of the seizure is found by the preponderance of the evidence to have occurred, the hearing officer shall have the authority to order the same remedies available in § 90.072(I) and (J). However, if a forfeiture is ordered, the animal may be placed for general adoption to the public if it is healthy, non-aggressive, and has not bitten. If the animal's owner fails to contact the Bureau and request a hearing within the three days after the notice is sent, the animal shall be forfeited to the Bureau.
(E) Appeal. Appeal from a determination under this section shall be conducted in compliance with § 90.072(K).
(Ord. 2005-02, passed - -2005)