(A) The owner of a dog which has been declared potentially dangerous has the right to appeal the declaration to the Potentially Dangerous Dog Appeals Board.
(1) The owner of a dog which has been declared potentially dangerous has the right to appeal the declaration by filing a written objection, stating the grounds for the appeal, with the county’s Animal Control Department within seven business days of receipt of the potentially dangerous dog declaration letter.
(2) After declaration that a dog is dangerous or potentially dangerous and during any part of the appeals process, the owner or keeper of the dog shall adequately confine the dog.
(3) The Potentially Dangerous Dog Appeals Board shall hold a hearing within ten business days of the receipt of the written objections.
(4) The Animal Control Director shall have the burden of proof and may request witnesses be present and introduce evidence.
(5) The owner requesting the appeal will be given an opportunity to disprove the element(s) which constitute the declaration.
(6) The Animal Control Director will be given a final opportunity to clarify any conflicts, ambiguities, or inconsistencies created by or arising from the statements or evidence. The Potentially Dangerous Dog Appeals Board may ask questions at any time during the appeal hearing and may request additional evidence from either party.
(7) The final decision of the Potentially Dangerous Dog Appeals Board shall be in writing and shall be maintained as public record.
(B) If the decision is in favor of the appellant, the county’s Animal Control Department shall immediately cease efforts to implement any sanction(s) imposed by this subchapter. Any decision rendered by the Potentially Dangerous Dog Appeals Board applies only to the violation(s) appealed and the specific dog(s) in question and does not prevent the Animal Control Department from enforcing a subsequent violation of the same provision or any other provision of this chapter.
(C) If the Potentially Dangerous Dog Appeals Board upholds or affirms the declaration of the Animal Control Director or his or her designee, the owner is responsible for all applicable fees and civil penalties.
(D) The final decision of the Potentially Dangerous Dog Appeals Board hearing shall be sent to the owner of the dog within seven working days following the decision of the Potentially Dangerous Dog Appeals Board.
(E) Any appeal from the final decision of the Potentially Dangerous Dog Appeals Board shall be taken to the Superior Court by filing a notice of appeal and petition for review within ten business days of receipt of the final decision of the Potentially Dangerous Dog Appeals Board.
(F) If the owner of the dog does not file a written appeal of the Potentially Dangerous Dog Appeals Board ruling with the Superior Court within the time period required, or if the owner of the dog does not comply with the confinement requirements as specified in this subchapter within 21 calendar days of the final decision of the Potentially Dangerous Dog Appeals Board or Superior Court, the dog becomes the property of the county and subject to seizure.
(Ord. passed 6-2-2018)