(A) If an owner has been convicted of one or more violations of this chapter on three (3) separate occasions in any period of twenty-four (24) consecutive months, the Animal Control Authority shall initiate administrative proceedings to declare such owner a reckless owner and to revoke all pet license(s) issued to such owner that are associated with the owner’s animal(s) that were the subject or subjects of any of such convictions. If an owner’s animal has been determined to be a dangerous animal or a potentially dangerous animal and such owner has not complied in a timely manner with the requirements of this Chapter pertaining to such animals, the Animal Control Authority shall initiate administrative proceedings to declare such owner a reckless owner and to revoke all pet license(s) issued to such owner that are associated with such animal. In either case, such proceedings shall be instituted by service of a written declaration and revocation notice upon such 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 declaration and revocation notice shall contain:
(a) The name and address of the owner who is subject to such declaration and revocation notice;
(b) The name(s), description(s) and license number(s) of any animal(s) associated with such violations licensed to the owner;
(c) A description of the violations or requirements which form the basis of such declaration and revocation notice, including the case numbers, if any;
(d) A summary of the effects of such declaration, including the revocation of such pet license(s) and surrender to the animal control authority of such animal(s);
(e) The date the Animal Control Authority proposes to enter a final declaration and revocation order, which shall be not less than ten (10) days after the date of mailing (or of personal or residence service) of the 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 (10) days after the personal or residence service) of the declaration and revocation notice.
(B) If the owner does not file a written request for hearing within ten (10) days after the date of mailing (or within ten (10) days after the personal or residence service) of the declaration and revocation notice, then such declaration and revocation notice automatically shall become a final declaration and revocation order, and within twenty-four (24) hours after the expiration of such ten (10)-day period the owner shall surrender such animal(s) to the Animal Control Authority. Failure to surrender such animal(s) shall result in immediate impoundment by the Animal Control Authority in accordance with § 6-133. Such surrendered or impounded animal(s) shall immediately become the property of the Animal Control Authority and may be disposed of or destroyed humanely by the Animal Control Authority, or placed with a new owner, as the authority deems appropriate.
(C) If the owner files a written request for hearing within ten (10) days after the date of mailing (or within ten (10) days after the personal or residence service) of the declaration and revocation notice, a hearing on such declaration and revocation 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 (A) 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 declaration and revocation notice. A written determination to affirm or reverse such declaration and revocation notice shall be entered by the Hearing Officer within ten (10) days after the date of the hearing if practicable. If the decision is to affirm the declaration and revocation notice, the Hearing Officer shall enter a final declaration and revocation order requiring the owner to surrender such animal(s) to the Animal Control Authority within ten (10) days after the date of the Hearing Officer’s decision, unless the owner initiates a timely appeal from such decision under division (D) below.
(D) 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.
(E) An owner who is declared a reckless owner shall be prohibited from licensing, residing with, or owning any additional animal(s) in the City for a period of forty-eight (48) consecutive months from the date of entry of the declaration and revocation order. (Ord. No. 828, 10/16/12)