§ 10-83. Determination that a dog is potentially dangerous; appeals.

(a)

Generally. Upon receipt of a report submitted in accordance with section 10-82, or upon the receipt of any other complaint, or when he has reasonable suspicion that a dog is potentially dangerous, the director or his designee shall make a determination whether or not such dog is a potentially dangerous dog. Any determination that a dog is potentially dangerous shall be made in writing stating the facts relied upon by the director to make his determination. The written declaration shall be personally delivered to the owner of the subject dog or shall be mailed by certified mail, return receipt requested, to the owner. If the determination is made that the subject dog is potentially dangerous, the written determination shall order compliance with the appropriate provisions of this article and the director may impose reasonable conditions to maintain the public health and safety. The director may pursue such other civil or criminal penalties and remedies as authorized by this article or state law.

(b)

Determination by director. If, at any time after the receipt of any report or complaint made pursuant to section 10-82, the director determines that the conditions under which the subject dog is being kept or confined do not adequately protect the public health or safety, the director shall require that the subject dog be impounded at the department's shelter until completion of the investigation and any appeal of the decision of the director.

(c)

Appeals from determinations.

(1)

The owner of any dog determined by the director to be potentially dangerous may appeal the decision of the director to the appeal board within three business days of receiving notice of the determination. Appeal to the appeal board may be taken by filing written objections to the director's determination with the clerk for the appeal board.

(2)

The appeal board shall schedule and hear such appeal within ten days of the filing of the written objections or at such later time as the appellant consents.

(3)

The vote of the appeal board shall be taken, and the announcement of its decision shall be made, in an open public meeting. A written statement of the decision of the appeal board shall be delivered to the director and the appellant. The notice shall be sent by certified mail, return receipt requested, and filed concurrently with the director and the county attorney.

(d)

Conduct of appeal. An appeal hearing before the appeal board shall be conducted as follows:

(1)

The hearing shall be subject to the open meetings law, and the required notice shall be posted and given as applicable;

(2)

The chairperson of the appeal board shall preside at the hearing;

(3)

The director shall be represented by the county attorney;

(4)

The county attorney shall present the director's case;

(5)

The appellant may be represented by an attorney;

(6)

The director and the appellant may make any statements, present any evidence, or offer any witnesses on their behalf, on any relevant issue;

(7)

The chairperson of the appeal board shall rule on the admissibility of any evidence and on any procedural issues that might arise;

(8)

The director and the appellant shall be entitled to cross-examine any witnesses;

(9)

The hearing shall be quasi-judicial in nature and all testimony shall be under oath;

(10)

The appellant shall be entitled to obtain a transcript of the proceeding at his own cost;

(11)

The appeal board shall announce its decision at an open meeting and render it in writing as expeditiously as possible at or following the hearing. Its decision shall contain findings of fact and conclusions in support of its decision.

(e)

Purpose of appeal. The purpose of the hearing before the appeal board shall be to determine whether or not the determination of the director is in the best interests of the public health, safety and welfare.

(f)

Function of appeal board. The function of the appeal board shall be to affirm, reverse, or modify the determination of the director which has been appealed. Any conditions imposed by the appeal board shall be reasonable, relevant to the issues in the matter, and have the effect of promoting the public health, safety and welfare.

(g)

Hearing. The hearing shall be administrative in nature and the decision of the appeal board shall be final.

(Ord. of 3-11-2015, § 10-33)