<div class="chunk-title">Sec. 4-54. - Determination that a dog is dangerous, potentially dangerous or vicious.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Generally.</span> Upon a complaint, or when he has reasonable suspicion that a dog is potentially dangerous,
               dangerous or vicious, the animal control director or his designee shall make a determination
               whether or not such dog is dangerous, potentially dangerous or vicious. Any determination
               that a dog is potentially dangerous, dangerous or vicious shall be made in writing
               which summarizes the available evidence and which shall be delivered or mailed certified
               mail, return receipt requested, to the owner. If the determination is made that the
               suspect dog is dangerous, potentially dangerous, or vicious, 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
               or his designee shall assess appropriate civil penalties if he determines that violations
               of this article have been established and may elect to pursue other remedies authorized
               by law.
               
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               (b)
               
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               <span class="ital">Appeals from determinations.</span>
               
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               (1)
               
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               Any party having a direct interest in the matter and aggrieved by any determination
               as provided in this article may, within three business days of receiving such determination,
               appeal such determination in writing, to the animal control board. The ruling of the
               animal control board shall be final, subject only to such appeal or certiorari proceeding
               as may be provided by law to the superior court for the county, filed within ten days
               of the date of the final determination by the animal control board.
               
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               (2)
               
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               Any determination of the animal control director may be appealed to the animal control
               board by filing written objections with the chairperson of the animal control board
               within three days after such determination. The animal control board shall schedule
               a hearing on such appeal within ten days of the filing of the written objections.
               The animal control board shall render its decision as expeditiously as possible after
               the hearing. It shall deliver said decision, to the parties and any person appearing
               at the hearing and requesting notice thereof, by certified mail, return receipt requested,
               and file it concurrently with the animal control director and the office of the county
               attorney. Any decision of the animal control board concerning any appeal provided
               for in this chapter shall be the final determination subject only to such appeal or
               certiorari proceeding as may be provided by law to the superior court for Martin County,
               filed within ten days of the date of the final determination by the animal control
               board.
               
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               (3)
               
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               Any appeal hearing before the animal control board shall be conducted as follows:
               
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               a.
               
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               The hearing shall be subject to the Open Meetings Law, and the notice required thereunder
               shall be posted and given as applicable;
               
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               b.
               
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               The parties may appear pro se or be represented by an attorney;
               
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               c.
               
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               Any person adversely affected by the appeal may appear and participate fully in the
               proceeding;
               
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               d.
               
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               Participants may make any statements, present any evidence, or offer any witnesses
               on their behalf, on any relevant issue;
               
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               e.
               
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               Participants shall be entitled to the right of cross examination;
               
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               f.
               
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               The hearing shall be quasi-judicial in nature and all testimony shall be under oath;
               
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               g.
               
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               Any participant shall be entitled to transcribe the proceeding at his own cost;
               
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               h.
               
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            <p class="content3">
               The animal control board may affirm, deny, or affirm with conditions the determination
               appealed from. Any conditions imposed by the animal control board shall be reasonable,
               shall be relevant to the issues in the matter, and shall have the effect of promoting
               the public health, safety and welfare;
               
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            <p class="incr2">
               i.
               
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               The animal control 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.
               
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            <p class="historynote0">
               (Ord. No. 2008-5, Â§ IV, 6-11-2008)
               
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