(A) If an Animal Control Officer or a Law Enforcement Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the City Manager, or his or her designee, shall within ten days of receipt of such notice, set a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious.
(B) The City Manager shall notify, in writing, the owner or keeper of the dog that an administrative hearing will be held by the city within 30 days of the Notice of Administrative Hearing, at which time the owner may present evidence as to why the dog in question should not be declared potentially dangerous or vicious.
(C) The owner or keeper of the dog shall be served with written notice of the hearing, either personally or by first class mail, or by certified mail at the owner's last known address, not less than five days before the time set for hearing. Service shall be deemed complete at the time notice is personally served or deposited in the mail.
(D) Failure of any person to receive notice shall not affect the validity of any proceedings under this chapter.
(E) The hearing shall be open to the public.
(F) The City Manager or other person designated by the City Manager shall conduct the administrative hearing.
(G) Notice shall be substantially in the form set forth below:
Notice of Administrative Hearing re: Determination and Disposition of Potentially Dangerous or Vicious Dog. This is a Notice of Hearing before the San Gabriel City Manager or his designee, to determine whether your dog (name of dog and description, if available) is a potentially dangerous or vicious dog. If your dog is found to be a potentially dangerous and/or vicious dog as defined by San Gabriel Municipal Code § 92.81 et seq., the City Manager or other person designated as Hearing Officer, may issue orders addressing any of the requirements of this Ordinance, including but not limited to:
(1) The dog shall be properly licensed and vaccinated;
(2) The dog shall be maintained on owner's property and shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass;
(3) The dog may not be off the owner's premises unless it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult;
(4) If the dog in question dies or is sold, transferred or permanently removed from the City, the owner shall notify the City of San Gabriel of the changed condition and new location of the dog within two days in writing;
(5) The dog shall be destroyed;
(6) Owner shall pay any and all costs incurred by the City in the administration of San Gabriel Municipal Code § 92.80 et seq., including but not limited to costs incurred by the City for housing, maintenance, feeding and providing care, including medical care, of the dog during such time as the dog is in the custody of the City of San Gabriel.
(Ord. 493-C.S., passed 9-15-98)