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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 petitioner or the owner or keeper of the dog contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision of the Hearing Entity to the Superior Court of the County. The contesting petitioner or the owner or keeper of the dog shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party. (b) The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make otherorders authorized by this chapter, based upon the evidence presented. The hearing shall be conducted in the same manner and 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 or witnesses. The issue shall be decided upon the preponderance of the evidence. If the court rules 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 determination or 35 days if the service of the judgment is by first-class mail. 7.10.070 Finality of determination. The determination of the Hearing Entity or, if contested pursuant to this Chapter, the court hearing the appeal, shall be final and conclusive upon all parties. 7.10.080 Licensing and vaccination; designation maintained in registration records; 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 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 entity has determined the designation applies to the dog. The Animal Control Department may charge a vicious dog fee or potentially 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. 7.10.090 Keeping and controlling vicious and potentially dangerous dogs. A vicious or 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 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. 7.10.100 Death, sale, transfer, or permanent removal; notice. If the dog in question dies, or is sold, transferred, or permanently removed from the City, the owner or keeper of a vicious or potentially dangerous dog shall notify the Animal Control Department of the changed condition and new location of the dog in writing within two working days. 7.10.110 Removal from list of potentially dangerous dogs. If there are no additional instances of the behavior described in Section 7.10.010, subdivision (h) within a 36 -month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required RVPUBUSB\629353 In