§ 92.109 HEARING ON DANGEROUS DOG DECLARATION.
   (A)   The Chief of Police shall hold a hearing within 15 business days after receiving the dog owner’s written request for such a hearing. The Chief of Police shall provide notice of the date, time and location of the hearing to the dog owner by personal service or certified mail and to the complainant by personal service or regular mail.
   (B)   At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog’s dangerousness. Criteria to be considered in a hearing required by the section shall include, but not be limited to, the following:
      (1)   Provocation;
      (2)   Severity of attack or injury to a person or domestic animal;
      (3)   Previous aggressive history of the dog;
      (4)   Observable behavior of the dog;
      (5)   Site and circumstances of the incident; and
      (6)   Statements from interested parties.
   (C)   A determination at a hearing that the dog is in fact a dangerous dog as defined in § 92.106 shall subject the dog and its owner to the provisions of this chapter.
   (D)   Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this chapter.
(Ord. 20-06, passed 7-6-20)