(A) Petition. If an animal control officer has investigated and determined that there exists probable cause to believe that an animal is dangerous, the animal control officer shall petition the hearing officer for a hearing for the purpose of determining whether the animal should be declared dangerous.
(1) Petitions under this section may also be made by any law enforcement officer. These procedures shall also apply to potentially dangerous and vicious dogs as defined in Cal. Food and Agriculture Code, § 31603. (See Cal. Food and Agriculture Code §§ 31601, et seq.)
(2) Rather than the provisions set forth in this code, the county may also choose to utilize any procedures set forth in state law relating to dangerous animals.
(B) Notice. The hearing officer shall notify the owner of the animal that a hearing will be held, at which time the owner may present evidence as to why the animal should not be declared dangerous. The notice, together with a copy of the petition, shall be served upon the owner, either personally or by certified mail. The hearing shall be held within no less than five working days nor more than ten working days after the owner is served with notice.
(C) Conduct of hearing. The hearing officer shall conduct the hearing in an informal manner and shall afford the owner of the animal an opportunity to present evidence as to why the animal should not be declared dangerous. The formal rules of evidence shall not apply; however, whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and attached to the petition filed by the animal control officer. The hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.
(D) Recording. The proceedings at the hearing may be tape recorded if ordered by the hearing officer or requested by the owner of the animal or the complainant referenced in division (C) of this section. A stenographic report shall also report the proceedings if ordered by the hearing officer or requested by the owner or complainant, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof.
(E) Failure to appear. The hearing officer may decide all issues for or against the owner of the animal even if the owner fails to appear at the hearing.
(F) Determinations of dangerous animals; evidence. In making a determination that an animal is or is not dangerous, evidence of the following shall be considered:
(1) Any previous history of the animal attacking, biting or causing injury to a human being or other domestic animal;
(2) The nature and extent of injuries inflicted and the number of victims involved;
(3) The place where the bite, attack or injury occurred;
(4) The presence or absence of any provocation for the bite, attack or injury;
(5) The extent to which property has been damaged or destroyed;
(6) Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
(7) Whether the animal exhibits any aggressive characteristics or unpredictable temperament or behavior in the presence of human beings or other domestic animals;
(8) Whether the animal can be effectively trained or retrained to change its temperament or behavior;
(9) The manner in which the animal had been maintained or cared for by its owner;
(10) Any other relevant evidence concerning the maintenance or care of the animal; or
(11) Any other relevant evidence regarding the ability of the owner to protect the public safety in the future if the animal is permitted to remain in the county.
(G) Dangerous animal declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is dangerous and may make any order authorized by this chapter or other law. The decision of the hearing officer shall be final. (HMC § 6.13.060)
(Ord. 836, § 1 (part))