2002 AGN APR 02 I03 - Laserfiche WebLink

Browse Search

1 meeting of the Hearing Entity. The owner or keeper of the dog shall be liable to the Animal Control Department where the dog is impounded for the costs and expenses of keeping 2 the dog, if the dog is later adjudicated potentially dangerous or vicious. 3 (b) When a dog has been impounded pursuant to subdivision (a) and it is not contrary 4 to public safety, the Animal Control Department shall permit the animal to be confined at the owner or keeper's expense in a Department approved kennel or veterinary facility. 5 7.10.040 Hearing on declaration of dog as potentially dangerous or vicious. If an 6 animal control officer or a law enforcement officer has investigated and determined that 7 there exists probable cause to believe that a dog is potentially dangerous or vicious, an animal control officer of the Animal Control Department or the Chief of Police may petition 8 the Hearing Entity for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received 9 from a member of the public which serves as the evidentiary basis for the animal control 10 officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The Animal Control Department or 11 the Chief of Police shall notify the owner or keeper of the dog that a hearing will be held by the Hearing Entity at which time he or she may present evidence as to why the dog should 12 not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be 13 served with notice of the hearing and a copy of the petition, either personally or by first- class mail with return receipt requested. The hearing shall be held no fewer than five 14 working days after service of notice upon the owner or keeper of the dog. For purposes of this Section, service shall be deemed complete upon personal service on the owner or 15 keeper or, if service is effectuated by mail, the service shall be deemed complete 5 days 16 after deposit in the mail if the owner or keeper's address is within the State of California, 10 days if the owner or keeper's address is outside the State of California but within the 17 United States, and 20 days if the owner or keeper's address is outside the United States. The hearing shall be open to the public. The Hearing Entity may admit into evidence all 18 relevant evidence, including incident reports and the affidavits of witnesses, limit the scope 19 of discovery, subpoena witnesses and documents and shorten the time to produce records or witnesses. The Hearing Entity may find, upon a preponderance of the evidence, that the 20 dog is potentially dangerous or vicious and make other orders authorized by this Chapter. 21 7.10.050 Failure of owner or keeper to appear; decision. The Hearing Entity of 22 original jurisdiction may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing. 23 7.10.060 Determination and orders; notice; compliance; appeal. 24 (a) After the hearing conducted pursuant to Section 7.10.040, the owner or keeper of 25 the dog shall be notified in writing of the determination and orders issued, either personally or by first-class mail postage prepaid by Hearing Entity. If a determination is made that the 26 dog is potentially dangerous or vicious, the owner or keeper shall comply with Sections 7.10.080 to 7.10.130, and any other reasonable requirements designed to protect the 27 health, safety and welfare of the public or other animals, ordered by the Hearing Entity in 28 accordance with a time schedule established by the 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 dog. If the RVPUBUSM629353 -5-