<div class="chunk-title">Sec. 3-51. - Dangerous animal seizure, forfeiture and appeal procedure.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Probable cause notice required.</span> No animal shall be seized on the basis that it is dangerous or prejudicial to the
               public safety or public health without the prior issuance of a probable cause notice.
               This limitation shall not prohibit seizure based on other lawful authority, nor shall
               it prohibit the subsequent issuance of a probable cause notice for an animal otherwise
               seized or impounded.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Probable cause notice.</span> If the animal services director, after investigation supported by the evidence, finds
               that a dog is dangerous as defined in <a href="" data-chunk-id="COOR_CH3AN_ARTIINGE_S3-1DE" class="section-link" data-product-id="12207">section 3-1</a>., a probable cause notice may be issued and shall state the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The specific facts constituting probable cause for declaring the animal dangerous;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               That a hearing to determine whether or not the animal is dangerous shall be held as
               soon as possible;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               That anyone in possession of the animal shall immediately turn the animal over to
               the department; and
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Order the owner to immediately contact the department in the manner stated in the
               notice.
               </p>
            		
            <p class="p0">
               The department shall notify the owner as soon as reasonably possible of the probable
               cause notice.
               </p>
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Owner's duties.</span> The owner shall turn the animal over to the department immediately upon receiving
               a probable cause notice. The department shall have the authority to seize immediately
               any animal for which a probable cause notice has been issued. It shall be unlawful
               for the owner or occupant of a premises to fail to give an animal to the department
               immediately upon the presentment of a probable cause notice. The owner's failure to
               comply with the requirements of this subsection is punishable as a misdemeanor.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Authority to permit animal to remain on premises.</span> The animal services director shall have the authority to permit an animal may remain
               on the premises or elsewhere prior to the seizure/forfeiture hearing if the animal
               services director is satisfied that the animal's confinement shall be adequate for
               protecting the public and for the well-being of the animal. The animal services director
               shall order the animal to be kept adequately confined and shall issue a containment
               order in compliance with <a href="" data-chunk-id="COOR_CH3AN_ARTIIENAPPRREAC_S3-32PRMECOAN" class="section-link" data-product-id="12207">section 3-32</a>. A failure of the animal to be kept so confined shall result in the immediate seizure
               of the animal. The department shall always have the authority to summarily seize an
               animal after the probable cause notice has been delivered and before the seizure hearing.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Request for hearing.</span> The owner of an animal subject to a probable cause notice shall have the right to
               a hearing to determine whether the animal shall be declared dangerous as defined in
               this chapter. The owner of the animal may request a hearing by submitting a written
               request during normal working hours to the department within ten (10) working days
               after the delivery of the probable cause notice or all reasonable efforts to deliver
               (delivery) the probable cause notice to the owner.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Failure to request hearing.</span> If the owner fails to properly file a timely request for a hearing with the department,
               the animal services director shall determine whether the animal is dangerous. The
               standard to be applied is whether, by a preponderance of the evidence, the animal
               is dangerous or prejudicial to the public safety or public health. The animal services
               director shall make findings of fact to support the determination, and the determination
               shall be conclusive. The animal services director may dispose of the animal as provided
               for in subsections (i) and (j) of this section. If the animal services director, due
               to a conflict of interest or any other circumstance, is unable to make such determination,
               the animal services director or the county manager shall appoint a person to make
               the determination.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Appeal.</span> If the owner disagrees with the decision of the animal services director, they may
               appeal the decision to the animal services advisory board by giving written notice
               of such appeal to the animal services director within ten (10) days of the decision.
               The notice of appeal shall contain the name and address of the owner, a description
               of the challenged action or determination and a statement of the reasons why the challenged
               action or determination is incorrect. Upon filing of the notice, the animal services
               director shall, within five (5) working days, transmit to the county animal services
               advisory board the notice of appeal and the papers and materials upon which the challenged
               action or determination was taken.
               </p>
            		
            <p class="p0">
               The animal services advisory board shall hold a hearing within thirty (30) days of
               the receipt of the notice of appeal. That board shall give the appealing person not
               less than five (5) days' notice of the date, time and place of the hearing. The hearing
               shall be quasi-judicial in nature, and that board may adopt procedural rules governing
               such hearings. On appeal, that board shall have authority to affirm, modify or reverse
               the challenged action or determination. The animal services advisory board shall issue
               a concise statement of the reason for the decision.
               </p>
            <p class="p0">
               The animal services staff involved may present whatever relevant evidence available
               that the animal should be declared dangerous. The owner shall be entitled to present
               whatever relevant evidence the owner wishes and to have legal representation. All
               testimony shall be sworn testimony. The entirety of the hearing shall be recorded.
               If physical evidence is presented by either side, the hearing officer shall have such
               evidence photographed as part of the record and shall describe the item fully for
               the record.
               </p>
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Animal services advisory board chair or co-chair as presiding officer.</span> The animal services advisory board chair or co-chair shall be the presiding officer
               and shall conduct the hearing to determine whether the animal shall be declared dangerous
               or not. The animal services advisory board chair or co-chair shall not function as
               the presiding officer if there is any conflict of interest or the appearance of such.
               The animal services advisory board chair or co-chair shall determine whether it is
               necessary for the animal services advisory board chair or co-chair to withdraw as
               a possible presiding officer, in which event the presiding officer shall be designated
               by the county manager or his designee. The animal services advisory board chair or
               co-chair shall disclose any facts, knowledge or any information known by the animal
               services advisory board chair or co-chair regarding the particular situation for the
               record at the very beginning of the hearing. The animal services advisory board chair
               or co-chair shall respond to any questions about any past knowledge about the particular
               situation. The appellant shall have the right to state for the record any specific
               findings of fact about the particular situation that the appellant believes precludes
               the chair or co-chair from presiding over an impartial hearing of the case.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Decision and written orders.</span> The standard to be applied is whether, by a preponderance of the evidence, the animal
               is dangerous or prejudicial to the public safety or public health. The animal services
               advisory board's decision shall be supported by specific findings of fact and specific
               conclusions based upon the findings of fact. The animal services advisory board chair
               or co-chair, if the animal services advisory board chair or co-chair acts as presiding
               officer over the objections of the appellant, shall make specific findings of fact
               and conclusions regarding such objections for that particular case. All findings of
               fact must be supported by competent and material evidence in the record and must be
               included in the record.
               </p>
            		
            <p class="p0">
               The presiding officer shall issue the animal services advisory board's decision in
               the form of a written order. The written order shall declare whether the animal is
               found to be dangerous or prejudicial to the public safety or public health or not
               dangerous. If the animal is found to be dangerous or prejudicial to the public safety
               or public health, the animal services advisory board shall have the authority to terminate
               the owner's ownership rights in the animal and to dispose of the animal in accordance
               with this subsection, or the board may suspend the termination of ownership rights
               conditioned upon the owner's compliance with such terms as the hearing officer deems
               necessary to ensure that the animal may be kept by the owner in safety. If such terms
               are part of a written order suspending seizure/forfeiture, the terms and the written
               order shall comply with the requirements of <a href="" data-chunk-id="COOR_CH3AN_ARTIIENAPPRREAC_S3-32PRMECOAN" class="section-link" data-product-id="12207">section 3-32</a>. The board shall have the authority to modify the terms when it is necessary to ensure
               the safety of the public. The termination of ownership rights may be invoked upon
               the failure to comply with any of the terms. Written orders shall include the following
               statements:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Whether the animal is dangerous and prejudicial to the public safety or health or
                  not dangerous. (If not dangerous, nothing further is required.)
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  That the department has the authority to terminate ownership rights of the animal
                  and to order the humane destruction of the animal.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Whether the ownership rights are being presently terminated or if such termination
                  is suspended.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  If the termination is suspended, the terms and condition on which the termination
                  is suspended in compliance with <a href="" data-chunk-id="COOR_CH3AN_ARTIIENAPPRREAC_S3-32PRMECOAN" class="section-link" data-product-id="12207">section 3-32</a>.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  That a failure to comply with the written order could result in termination of ownership
                  rights and humane destruction of the animal.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  That any appeal to the superior court of the hearing officer's decision must be filed
                  within thirty (30) days.
                  </p>
               		
               
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               <span class="ital">Disposition of animal.</span> The animal services advisory board shall provide the animal services director with
               the discretion to dispose of any animal forfeited to the department under this section
               in one (1) of only two (2) specific ways:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               By humane destruction of the animal; or
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               By giving the animal to an individual or an organization subject to the protective
               and inspection conditions required by the hearing officer for the well-being of the
               animal, for the protection of the public and for the purpose of preserving and taking
               care of the animal. Such conditions shall reserve the department's right to seize
               and humanely destroy the animal upon any failure to comply with the conditions. An
               animal declared to be dangerous by the hearing officer shall not be disposed of for
               research or experimental purposes.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               <span class="ital">Appeal to superior court.</span> The decision of the animal services advisory board shall be subject to review by
               the superior court by proceedings in the nature of certiorari. Any petition for writ
               of certiorari for review by the superior court shall be filed with the clerk of superior
               court within thirty (30) days after delivery of or reasonable efforts to deliver the
               decision to the owner or the owner's representative. Prior to the filing of the petition
               for writ of certiorari with the clerk of superior court, a cash bond must be provided
               to the county for all costs incurred thus far by the county's retention of the animal
               and for an approximate time for the course of the appeal, as well as for the cost
               of the transcript prepared for the court. The county shall reimburse the petitioner
               for the cost of the petitioner's transcript and the court's transcript if the court
               reverses the decision and determines that the animal is not dangerous. If a petition
               for writ of certiorari is filed in superior court, the animal shall be confined at
               the animal shelter or at a location solely acceptable to the department. Appeal shall
               not toll compliance with any written or containment order pending the hearing of such
               appeal.
               </p>
            		
            <p class="historynote0">
               (Ord. Of 9-21-21(2); Ord. of 1-20-22(1); Ord. No. 2022-03, 3-15-22)
               </p></div>