(A) The preliminary determination as to whether a particular animal is a potentially dangerous animal shall be made by the City’s Animal Control Authority on the basis of reasonable evidence, which may include but shall not be limited to reports and statements of witnesses, observation, and the opinion of experts. If the Animal Control Officer has reasonable cause to believe that the animal threatens the safety of the public or of domestic animals, the Animal Control Officer may enter upon any premises upon which the animal is kept and remove the animal from those premises to a place of impoundment.
(B) If the Animal Control Authority has preliminarily determined an animal to be a potentially dangerous animal as defined in § 6-101, the Animal Control Authority shall initiate administrative proceedings to make such determination final by serving a preliminary determination notice on such animal’s owner either:
(1) Personally;
(2) By certified mail, return receipt requested, addressed to the owner at the owner’s usual place of residence; or
(3) By residence service, which shall mean leaving a copy at the owner’s usual place of residence with some person of suitable age and discretion residing therein. The preliminary determination notice shall contain:
(a) The name and address of the owner whose animal is the subject of the proceeding;
(b) The name, description and any known license number of the animal that is the subject of the proceeding;
(c) A statement that the Animal Control Authority has preliminarily determined the animal to be a potentially dangerous animal and a summary description of the facts that form the basis of such preliminary determination;
(d) A summary of the effects of a final determination that the animal is a potentially dangerous animal, including a summary or copy of the requirements of §§ 6-136, 6-137, 6-138, and 6-139, and a statement that noncompliance by the owner with such requirements will result in the owner being declared a reckless owner by the animal control authority;
(e) A statement of the effective date on which the preliminary determination notice will become a final determination order if the owner does not file a timely written request for hearing with the Animal Control Authority, which effective date shall be not less than ten (10) days after the date of mailing (or of personal or residence service) of the preliminary determination notice; and
(f) A statement that the owner may file with the City’s Animal Control Authority a written request for hearing within ten (10) days after the date of the mailing (or within ten days after the personal or residence service) of the preliminary determination notice.
(C) If the owner whose animal is preliminarily determined to be a potentially dangerous animal does not file a written request for hearing with the Animal Control Authority within ten (10) days after the date of mailing (or within ten (10) days after the personal or residence service) of the preliminary determination notice, the preliminary determination notice shall become a final determination order on the effective date stated in the preliminary determination notice, and the City’s Animal Control Authority shall so indicate in the records of the Animal Control Authority. In such a case, the owner shall comply with § 6-139 immediately, with §§ 6-136 and 6-137 within thirty (30) days after such effective date, and with § 6-138 within ninety days after such effective date. If the owner fails to comply with any of such sections within the time limits specified, the Animal Control Authority shall initiate administrative proceedings under § 6-135 to declare the owner a reckless owner.
(D) If the owner whose animal is preliminarily determined to be a potentially dangerous animal files a written request for hearing with the Animal Control Authority within ten (10) days after the date of mailing (or within ten (10) days after the personal or residence service) of the preliminary determination notice, a hearing on such preliminary determination notice shall be held by a Hearing Officer designated by the Animal Control Authority. The hearing shall be held if practicable within ten (10) days after the date of receipt by the Animal Control Authority of the written request for hearing. Written notice of the time and place of hearing shall be served on the owner of the animal by personal service, or by residence service as described in division (B) above, not less than forty-eight (48) hours prior to the scheduled hearing. At the hearing, the owner shall be provided an opportunity to appear and offer evidence to dispute the preliminary determination notice. A written determination to affirm or reverse the preliminary determination notice shall be entered by the Hearing Officer within ten (10) days after the date of the hearing, if practicable. If the preliminary determination notice is affirmed, the Hearing Officer shall enter a final determination order and, unless the owner initiates a timely appeal under division (E) below, such order shall require the owner to comply with § 6-139 immediately, with §§ 6-136 and 6-137 within thirty (30) days after the entry of the final determination order, and with § 6-138 within ninety (90) days after entry of the final determination order. If the owner fails to comply with any of such sections within the time limits specified, the Animal Control Authority shall initiate administrative proceedings under § 6-135 to declare the owner a reckless owner.
(E) Within ten (10) days after the date of the Hearing Officer’s decision, either the owner aggrieved by a decision of the Hearing Officer or the Animal Control Authority may appeal such decision to the City of Springfield Board of Health in such manner and in accordance with such procedures as the Board of Health may establish by rule or regulation. The Board of Health may affirm or reverse the decision of the Hearing Officer and shall be empowered to enter any order the Hearing Officer might have entered. If so ordered by the Board of Health, the owner shall comply with § 6-139 immediately, with §§ 6-136 and 6-137 within thirty (30) days after the entry of the order, and with § 6-138 within ninety (90) days after entry of the order. If the owner fails to comply with any of such sections within the time limits specified, the Animal Control Authority shall initiate administrative proceedings under § 6-135 to declare the owner a reckless owner.
(F) The Animal Control Authority will notify the owner of any potentially dangerous dog that has been involved in no incidents of the type specified in § 6-101 during the two (2) years following the date of the determination order, that their dog is no longer declared a potentially dangerous dog. (Ord. No. 828, 10/16/12)