6.09.030 Hearing on Declaration of Dog as Potentially Dangerous or Vicious
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 officer or his or her immediate supervisor may file a petition with the Hearing Officer for a hearing, as provided in § 6.14.080 of this Code, 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 shall be sworn to and verified by the complainant and attached to the petition. The Animal Control Division shall notify the owner or keeper of the dog that a hearing will be held and that the owner or keeper may present evidence at the hearing. The Animal Control Division 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 fourteen (14) working days, after service of the notice upon the owner or keeper of the dog. The Hearing Officer 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 Hearing Officer may decide all issues even if the owner or keeper fails to appear at the hearing. The Hearing Officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this Chapter.