(a) Whenever the Department has reasonable cause to believe that a dog is a dangerous dog, it may commence proceedings to declare the dog a dangerous dog as follows:
(1) The Department shall serve on the owner or custodian a notice of intent to declare the dog a dangerous dog.
(2) The notice shall inform the dog's owner or custodian of all of the following:
(A) The Department's authority to declare a dog a dangerous dog.
(B) Each incident that forms the basis for the Department's proposed action.
(C) The owner or custodian's right to request a hearing to contest whether grounds exist for the Department's proposed declaration.
(D) The potential consequences if the Department issues a declaration declaring the dog a dangerous dog.
(E) That a request for a hearing must be in writing and must be received by the Department within 10 days from the date of notice.
(F) Failure to request a hearing or failure to attend or be represented at a scheduled hearing shall satisfy the Department's obligation to provide a hearing and shall result in the Department issuing a declaration that the dog is a declared dangerous dog.
(G) A finding at the hearing that the dog meets the definition of a dangerous dog as prescribed by section 62.602(l), shall result in the Department declaring the dog a dangerous dog. A declared dangerous dog designation shall remain in effect for the dog's lifetime.
(b) When the Department determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, before the Department follows the procedures in subsection (a) above, the Department may impound a dog before issuing the declaration declaring the dog a dangerous dog. In that case, with the notice required by subsection (a), the Department shall include the reasons why immediate impoundment was necessary.
(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10)