(A) The Animal Control Authority shall initiate administrative proceedings to determine an animal to be a potentially dangerous animal, if it meets the definition of potentially dangerous animal under § 92.050, by service of a notice, in writing, upon such animal’s owner either by certified and regular mail to the owner’s last known address or personally. The notice shall contain:
(1) The name and address of the owner whose animal is subject to such determination;
(2) The name, description and license number of the animal who is subject to such determination;
(3) A description of the facts which form the basis of such determination;
(5) The date of proposed entry of the determination which shall be not less than ten days after the date of mailing or personal service of the notice; and
(6) Notification of the availability of an appeal if the owner objects to such determination, within ten days of the date of mailing or personal service of the notice.
(B) An owner whose animal is determined to be a potentially dangerous animal shall be required to comply with § 92.073 immediately and §§ 92.072 and 92.075 within 30 days of the date of entry of the determination order, unless a notice of appeal of the order is filed with the Animal Control Authority.
(C) An appeal of such determination order shall be heard by a hearing officer designated by the Animal Control Authority within ten days of the date of the filing of the notice of appeal and shall provide an opportunity for the owner to appear and offer evidence to dispute the determination order. The filing fee for each notice of appeal shall be $100. A decision to affirm or reverse such order shall be entered by the hearing officer within ten days of the date of the hearing.
(D) An owner may request termination of the determination order if there are no incidents of the type specified in § 92.050 for at least two years following the date of the determination order. Such request for termination shall be heard by a hearing officer designated by the Animal Control Authority within ten days of the date of the filing of the request for termination and shall provide an opportunity for the owner to appear and offer evidence to support termination of the determination order. The owner must provide documented evidence that the animal’s behavior has changed due to environment, health, age, training, neutering or other relevant factor. The filing fee for each request for termination shall be $200. A decision to continue or terminate such determination order shall be entered by the hearing officer within ten days of the date of the hearing.
(Prior Code, § 6-131) (Ord. 895, passed 6-12-2012)