<div class="chunk-title">Sec. 6-132. - Appeal procedure for dangerous and potentially dangerous dogs.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               The owner of a dog which has been declared dangerous or potentially dangerous pursuant
               to <a href="" data-chunk-id="COOR_CH6AN_ARTVIDAPODADO_S6-131DEDAPODADO" class="section-link" data-product-id="13891">section 6-131</a> has the right to appeal the determination by filing a written objection, stating
               the grounds for the appeal, with the animal services division within three business
               days of receipt of the dangerous or potentially dangerous dog determination letter.
               If the owner fails to file the written objection, a level 1 dangerous dog shall become
               the property of the county and shall be euthanized in accordance with this chapter
               and a level 2 dangerous dog or a potentially dangerous dog must meet the requirements
               of this article.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               The dangerous dog appellate board, as designated by the county, shall hold a hearing
               within ten business days of the filing of the written objection. The person requesting
               the appeal will be notified of the decision within ten business days following the
               final decision of the appellate board. Any appeal from the final decision of the appellate
               board shall be to superior court by filing a notice of appeal and petition for review
               within ten business days of receipt of the final decision of the appellate board.
               This written notice must be served on animal services as well as the clerk of superior
               court.
               </p>
            		
            <p class="incr0">
               (c)
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            <p class="content1">
               The dangerous dog appellate board shall be composed of five regular members and two
               alternates. At least one of the regular members shall be a licensed veterinarian.
               Members and alternates must be residents of the county and appointed by the board
               of commissioners to serve until a successor is appointed. A quorum of at least three
               members (any combination of regular members and alternates) must be present at an
               appellate board hearing in order for the appellate board to conduct business. The
               members of the dangerous dog appellate board shall be expected to disclose any prior
               personal involvement they have had with the case or other conflicts of interest, and
               upon a motion of the board, the member making the disclosure may be recused.
               </p>
            		
            <p class="incr0">
               (d)
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            <p class="content1">
               All testimony offered at the appellate board hearing held pursuant to this chapter
               shall be given under oath and recorded by audio recording. The hearing shall be open
               to the public, and the person requesting the appeal may be represented by an attorney.
               </p>
            		
            <p class="incr0">
               (e)
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            <p class="content1">
               The director of emergency services shall have the burden of demonstrating that this
               chapter has been violated. The person requesting the appeal will be given an opportunity
               to prove this chapter has not been violated. The director of emergency services will
               be given a final opportunity to clarify any conflicts, ambiguities or inconsistencies
               created by or arising from the statements or evidence. The dangerous dog appellate
               board may ask questions at any time during the appeal hearing and may request additional
               evidence from either party, including continuing the hearing in the interest of fairness.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Any decision rendered by the dangerous dog appellate board applies only to the violation(s)
               appealed and does not prevent the animal services division from enforcing a subsequent
               violation of the same provision or any other provision of this chapter. If the dangerous
               dog appellate board upholds or affirms the decision of the director of emergency services
               the owner is responsible for all applicable boarding fees, redemption fees and civil
               penalties.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               If the owner of the dog does not file a written appeal of the dangerous dog appellate
               board within the time period required by law or if the owner of the dog does not comply
               with the confinement requirements as specified in <a href="" data-chunk-id="COOR_CH6AN_ARTVIDAPODADO_S6-133COREPEDAPODADO" class="section-link" data-product-id="13891">section 6-133</a> within 21 calendar days of the final decision of the dangerous dog appellate board
               or superior court, then the dog becomes the property of the county.
               </p>
            		
            <p class="historynote0">
               (Ord. of 8-17-2009; Ord. No. 2014-04, 6-16-2014; Ord. No. 2023-02, 3-6-2023)
               </p></div>