A. If an animal control officer or a law enforcement officer determines that probable cause exists to believe a dog is potentially dangerous or vicious, the chief officer of the public pound or animal control department or his or her immediate supervisor, or the chief of police, or his or her designee, shall either: 1) on a form prescribed by the city, obtain the written acknowledgment of the owner of the dog that such dog is potentially dangerous or vicious as defined by this chapter, and the owner's written consent to comply with the requirements of sections 6.05.110 to 6.05.160 of this chapter, and any conditions imposed by the city pursuant to such sections, within ten (10) days of the date of the determination; or 2) file a petition with the animal control board for a hearing to determine whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public that a dog might be potentially dangerous or vicious shall be sworn to and verified by the complainant and attached to the petition.
B. The animal control board shall notify the owner or keeper of the dog that it will hold a hearing and that the owner or keeper may present evidence at the hearing. The animal control board shall serve upon the owner or keeper of the dog the notice of the hearing and a copy of the petition either personally or by first class mail with return receipt requested.
The hearing shall be open to the public and held not less than five (5) working days nor more than ten (10) working days after service of the notice upon the owner or keeper of the dog. The animal control board may admit all relevant evidence, including incident reports and affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The animal control board may decide all issues even if the owner or keeper fails to appear at the hearing. The animal control board may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter. (Ord. 2796, 2013)