The following shall apply for all excess rooster permits:
(A) Once a permit is granted, the permittee must obey all rules pertaining to animal ownership within the city and the state. Any valid violation under this chapter, including exceeding the number of animals allowed on the original permit is grounds for revocation of the permit by the Animal Control Officer.
(B) If a permit is revoked, the permittee upon notification by the city, will have 20 days to come into compliance with existing numbers limits.
(C) An owner who is denied a permit or whose permit is revoked has the right to appeal the denial or revocation by submitting written notice to the city within 15 days of the denial or revocation. Upon the timely receipt of such written notice, the city shall schedule an excess permit hearing and notify the owner of the hearing. Failure of the owner to appear at the permit hearing shall result in a final denial or revocation with no further appeal. The owner may be represented by counsel.
(D) The Animal Control Officer shall determine whether, by a preponderance of the evidence, a permit should not be denied or revoked based upon evidence, affidavits, and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be germane to such a determination, department personnel, police or any other person possessing information pertinent to such determination. The owner may cross examine witnesses. A record of the hearing shall be kept. The Animal Control Officer shall issue written factual findings and a determination as to whether the permit denial or revocation should be reversed within ten days after the permit hearing. The owner shall be notified of the Animal Control Officer's findings and determination.
(E) If the Animal Control Officer does not reverse the permit denial or revocation, the owner has the right to appeal the determination to municipal court by submitting written notice to the department within five days of receiving the animal permit hearing officer's determination. Failure to appeal within the time allotted shall result in the animal permit hearing officer's determination as final.
(Ord. 23-1311, passed 4-13-2023)