A. An operating permit issued hereunder shall be summarily suspended whenever the city receives a written opinion from a duly-licensed veterinarian that any animal used by the operator to draw a horse-drawn vehicle is under excessive physical stress, is malnourished, is not in sound condition, or is otherwise unhealthy such that continued use of the animal to draw a vehicle would pose a threat to the animal, or to the passengers, or to members of the public, or whenever an operator fails to permit examination of an animal used by him or her by a city-selected veterinarian upon twenty-four (24) hours' notice. Upon request of the operator, a hearing shall be held before the director within three working days after the notice of suspension at which time the director shall determine whether the grounds for summary suspension existed and whether such suspension should be continued or rescinded. The operator may appeal the decision of the director to the city council by filing a notice of appeal, accompanied by an appeal fee in an amount set by resolution of the city council, within ten (10) days after the date of the director's decision. The notice of appeal shall state generally the grounds of appeal.
The city council may appoint a hearing examiner to hear the matter pursuant to Section 1.24.050 of this code.
B. Any permit issued hereunder may be suspended or revoked when it shall appear to the director that any activity authorized by the permit is being carried out in such a manner as to constitute a nuisance, or to be injurious to the public health, safety or welfare, or in violation of any conditions imposed upon the permit, or that there exists any of the grounds which would have been grounds for denial of the permit application. Except as provided in subsection A of this section, no permit shall be revoked or suspended until a hearing shall have been held by the executive director.
Written notice of the time and place of such hearing shall be given at least five days prior to the date set for such hearing to the person to whom the permit was granted and to any other person requesting prior notice in writing at least ten (10) days prior to the hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery thereof to the persons to be notified, or by depositing the same in the U.S. mail in a sealed envelope, postage prepaid, addressed to such persons to be notified at the address appearing in the application for a permit.
The permittee may appeal the decision of the director to the city council by filing a notice of appeal, accompanied by an appeal fee in an amount set by resolution of the city council, within ten (10) days after the date of the director's decision. The notice of appeal shall state generally the grounds of appeal.
The city council may appoint a hearing examiner to hear the matter pursuant to Section 1.24.050 of this code. (Prior code § 25.12.262)