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Title: 8 - Animals

Chapter: 04 - Dogs

Section: 300 - Hearings for purposes of determining status of dog as potentially dangerous vicious or nuisance

If an animal control officer of the city or county, or peace officer employed by the county or a peace officer employed by a city has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous, vicious or a nuisance, the animal control officer of the county shall cause notice to be given to the owner or owners of such dog that a determination will be made as to whether the dog is in fact potentially dangerous, vicious or a nuisance. Such notice shall include notification that the owner, has a right to a hearing on the issue by requesting such hearing in writing not more than five days following the receipt of the notice. Absent a request for a hearing the animal control officer may make a determination as to the status of the dog based upon information known to him or provided to him in writing from any animal control officer or law enforcement officer employed by the county or a city or humane officer employed by a humane society. Such information may consist of hearsay provided the officer providing the hearsay verified the probable truth of the hearsay by corroborating evidence known to him or her.

A.  Where the owner of the dog has requested a hearing to determine whether his or her dog shall be declared potentially dangerous, vicious or a nuisance, the hearing shall be held not less than five nor more than ten working days after service on the owner of the notice. The hearing shall be informal and shall be open to the public. Evidence may be offered either written or oral by the owner of the dog or any interested citizen, including animal control officers, humane officers or peace officers.

B.  Following the conclusion of the hearing, or where no hearing was requested, the owner of the dog shall be notified in writing of the determination of the animal control officer.

C.  The determination of the animal control officer that a dog is a potentially dangerous dog, a vicious dog or a nuisance dog shall be subject to judicial review as other administra­tive determinations are reviewed or in any judicial proceedings in which compliance with other provisions of this chapter are sought to be enforced by the animal control officer or the district attorney.

 

 (Ord. 88-16 § 3, 1988.)