(A) A hearing requested in accordance with subsection 6-2-32(B) of this Chapter shall be conducted before a person appointed a Hearing Officer. The Animal Control Officer shall send notice to victims requesting this hearing.
(B) The hearing shall be open to the public. The owner may be represented by counsel. The Hearing Officer shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable to the hearing, except that the Hearing Officer's decision may not be based wholly on hearsay evidence. Each side shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues at the hearing even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the owner does not testify on his or her behalf, he or she may be called and examined as if under cross-examination, except where criminal charges under Section 6-2-38 of this Chapter are pending against the owner or if it is possible that such charges may be brought against the owner. All persons giving evidence shall be sworn before testifying. The owner may employ a shorthand reporter to record the hearing.
(C) Any animal which has attacked, bitten or caused injury to a human being or other animal is presumed to be dangerous or vicious and the burden is on the owner to present evidence that the animal is not dangerous/vicious.
(D) In making a determination that an animal is or is not dangerous/vicious, 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 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 characteristics or aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;
8. Whether the animal can be effectively trained to change its temperament or behavior;
9. The manner in which the animal has been maintained by its owner or custodian;
10. Any other relevant evidence concerning the maintenance of the animal; and
11. Any other relevant evidence regarding the ability of the owner or custodian to protect the public safety in the future if the animal is permitted to remain in the City. (Ord. 97-5, 8-18-1997)