A. The hearing shall be conducted before a hearing officer. Animal Services shall send notice of this hearing to any victims bitten, attacked or injured by the animal, and to any known witnesses of such bite, attack, or injury.
B. The hearing shall be open to the public. The owner may be represented by a representative of their choosing. 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. The owner and the Animal Services representative shall each 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, 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 are pending against the owner or if it is possible that such charges may be brought against the owner. All persons testifying may be recorded, either through audio recorder or through a shorthand reporter, at the hearing officer's option, and persons so testifying shall be informed of such recording. The hearing officer shall keep a log of the testimony and documentary evidence received during the hearing. Copies of all documentary evidence submitted to the hearing officer shall be retained by Animal Services until all appeal periods have elapsed.
C. Any animal which, while at large, has attacked, bitten, or caused injury to a human being or caused a serious injury or the death of another animal or has been declared dangerous or vicious by the animal control officer after an investigation into an incident, is presumed to be dangerous or vicious and the burden is on the owner to present evidence that the animal is not dangerous or vicious.
D. In making a determination that an animal is or is not dangerous or vicious, evidence of the following shall be considered (not in any specific order of preference):
1. Any previous history of the animal attacking, biting or causing injury to a human being or other animal; however, the lack of any such history shall not be the sole grounds for a determination that the animal is not dangerous or vicious;
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 of aggressive or unpredictable temperament or behavior in the presence of human beings 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, including but not limited to evidence that animal's license had been revoked on a prior occasion or the owner was required to partake in training pursuant to Section 6.16.070, or meet other obligations concerning previous findings of negligent training, handling, or maintenance; 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.
E. This section is an administrative hearing procedure established by the City under California Food and Agriculture Code section 31621. Any and all hearings held pursuant to this chapter of the Municipal Code shall be a hearing held pursuant to Section 31621.
(Ord. 2019-09 § 2, 2019; Ord. 2004-22 § 2 (part), 2004: Ord. 9605 § 20 (part), 1996: prior code § 4639)