(A) Designation. The Animal Control Authority or Hearing Officer shall designate any dog as a potentially dangerous dog upon receiving evidence that the animal meets any of the criteria in § 90.05 of this chapter.
(B) Notice.
(1) Upon determination that a dog is potentially dangerous, the Animal Control Authority shall provide a written notice of potentially dangerous dog to the owner of record, or if none, any owner of such dog by personally serving the owner or a person of suitable age and discretion at the residence of such owner. Service upon any owner shall be effective as to all owners. The notice shall state the dates, times, places and facts of the incidents which form the basis for the determination, and shall include the following:
(a) A description of the dog deemed to be potentially dangerous;
(b) The factual basis for that determination; and
(c) The identity of the official who made the determination.
(2) The notice shall also set forth the restrictions imposed upon a potentially dangerous dog under this subchapter.
(3) The notice shall also advise the owner(s) that they have ten days to appeal the determination by requesting a hearing before a Hearing Officer, and shall include a preprinted form the owner may use to request the hearing. The request for a hearing shall be made directly to the Animal Control Authority, and must be submitted in writing.
(4) If the owner does not request a hearing within the allotted ten days, the designation of potentially dangerous dog as issued in the written notice of potentially dangerous dog will stand, and the owner will be subject to all restrictions and requirements as set forth in the notice by the Animal Control Authority.
(C) Hearing.
(1) If an owner requests a hearing within ten days of the date of the notice for determination as to the potentially dangerous nature of the dog, the hearing shall be held before a Hearing Officer within ten days after the Animal Control Authority is notified of the owner’s request for a hearing. The Hearing Officer may allow the hearing date to be extended beyond the ten-day period for good cause. Any dog owner who requests such a hearing is liable to the county for all costs and expenses related to the hearing.
(2) The hearing shall be conducted pursuant to the requirements of § 90.06(C) of this chapter.
(3) After considering all evidence pertaining to the dog, the Hearing Officer shall issue a written order which rejects or upholds the determination. If the Hearing Officer upholds the determination as potentially dangerous, the order may affirm or modify the conditions recommended by the Animal Control Authority. If, as a result of testimony or other evidence at the hearing, there are grounds for declaring the dog to be a dangerous dog pursuant to § 90.06 of this chapter, the Hearing Officer may change the designation and issue the appropriate orders.
(4) The decision of the Hearing Officer is a quasi-judicial determination that is subject to review by writ of certiorari to the state’s Court of Appeals.
(D) Exemption. A dog may not be declared potentially dangerous if the threat, injury or damage was sustained by a person who:
(1) Was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog;
(2) Was provoking, tormenting, abusing or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused or assaulted the dog; or
(3) Who was committing or attempting to commit a crime against the owner or the owner’s property.
(E) Review of designation. The Animal Control Authority, or Hearing Officer, may, upon the written request of the owner, review the status of a dog which has been determined to be potentially dangerous if a period of two years has passed without any further incidents or violations of this subchapter, and may use discretion in determining whether any conditions which have been ordered are still required. If the review is conducted by the Hearing Officer, the burden of proof shall be upon the dog’s owner and the standard of proof shall be by clear and convincing evidence.
(Ord. 10-01, passed 1-19-2010)