1990-07-09 Regular Meeting - Laserfiche WebLink

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• • Sec. 5-149 DETERMINATION HEARING 1. Upon the written request for a Determination Hearing by the owner of a dog declared vicious under Sec. 5-146 1(c) and 1(d), the Director of the Health Department or his designee shall schedule said hearing. The Director of the Health Department shall appoint a hearing officer. The Determination Hearing shall be conducted within ten (10) working days of receipt of the request for such hearing. The owner shall be notified of said hearing by certified mail, return receipt requested. Failure of the owner of the dog to appear at the Determination Hearing shall result in the Animal Control Official's declaration as final. Pending the outcome of the Determination Hearing, the dog must be securely confined in a humane manner in a commercial kennel, or with a licensed veterinarian, or in the animal control facility's shelter. The costs of securing said dog pending the Determination Hearing shall be borne by the owner. 2. The hearing officer shall determine whether to declare the dog to be a vicious dog under this chapter based upon evidence, affidavits, and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be germane to such a determination, Health Department personnel, Animal Control personnel, police or any other person possessing information pertinent to such determination. 3. The hearing officer shall issue findings within five (5) working days after the Determination Hearing. The owner of the dog found to be vicious by this hearing has the right to appeal the decision to Municipal Court within five (5) working days of receiving such decision. Failure to appeal within the time allotted shall result in the hearing officer's decision as final. A municipal court judge shall conduct the appeal as an administrative proceeding for the purpose of confirming or overruling the determination of the hearing officer. Sec. 5-150 DEFENSE TO DECLARATION OF VICIOUS DOG. It is a defense to the determination of a dog as vicious and to the prosecution of the owner of a dog: 1. if the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the dog; or 2. if the person was teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog; or -5-