2002 ORD O-05-02 - Laserfiche WebLink

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1 scope of discovery, subpoena witnesses and documents and shorten the time to produce records or witnesses. The Hearing Authority may find, upon a preponderance of the evidence, that the dog is 2 potentially dangerous or vicious and make other orders authorized by this Chapter. 3 7.10.050 Failure of owner or keeper to appear; decision. The Hearing Authority of original jurisdiction may decide all issues for or against the owner or keeper of the dog even if the owner or 4 keeper fails to appear at the hearing. 5 7.10.060 Determination and orders; notice; compliance; appeal. 6 (a) After the hearing conducted pursuant to Section 7.10.040, the owner or keeper of the dog shall be notified in writing of the deten-nination and orders issued, either personally or by first-class 7 mail postage prepaid by Hearing Authority. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with Sections 7.10.080 to 7.10.130, and any 8 other reasonable requirements designed to protect the health, safety and welfare of the public or other animals, ordered by the Hearing Authority in accordance with a time schedule established by the 9 Animal Control Department or the Chief of Police, but in no case more than 30 days after the date of the determination or 35 days if notice of the determination is mailed to the owner or keeper of the 10 dog. If the petitioner or the owner or keeper of the dog contests the determination, he or she may, 11 within five days of the receipt of the notice of determination, appeal the decision of the Hearing Authority to the Superior Court of the County. The contesting petitioner or the owner or keeper of 12 the dog shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party. 13 (b) The court bearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized by this 14 chapter, based upon the evidence presented. The hearing shall be conducted in the same manner and 15 within the time periods set forth in Section 7.10.040 and subdivision (a) of this Section. The court may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, subpoena witnesses and documents and may shorten the time to produce records 16 or witnesses. The issue shall be decided upon the preponderance of the evidence. If the court rules 17 the dog to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with this chapter, but in no case more than 30 days subsequent to the date of the court's 18 determination or 3 5 days if the service of the judgment is by first-class mail. 19 7.10.070 Finality of determination. The determination of the Hearing Authority or, if 20 contested pursuant to this Chapter, the court hearing the appeal, shall be final and conclusive upon all parties. 21 7.10.080 Licensing and vaccination; designation maintained in registration records; 22 additional fee. All vicious dogs and potentially dangerous dogs shall be properly licensed and vaccinated. The licensing authority shall include the vicious dog designation and potentially 23 dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court or Hearing Authority has deter -mined the designation 24 applies to the dog. The Animal Control Department may charge a vicious dog fee or potentially 25 dangerous dog fee, to be established and amended by the City Council by resolution, in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. 26 7.10.090 Keeping and controlling vicious and potentially dangerous dogs. A vicious or 27 potentially dangerous dog, while on the owner or keeper's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children 28 cannot trespass. A vicious or potentially dangerous animal may be off the owner or keeper's premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult. RVPUB\JSB\630393 -5-