10.30.030 A. If animal services has cause to believe that an animal is a potentially dangerous animal, the director shall issue a potentially dangerous animal restraint order to the owner of any such animal that fits the description of a “potentially dangerous animal” as defined in this chapter. The statement shall be served by hand-delivery or certified and first-class mail. The statement shall notify the owner(s) or custodian(s) of such animal(s) that such owner is required thereafter at all times to keep such animal in a secure enclosure, as defined in this chapter, or provide such other adequate secure restraint as may be specified on the restraint order.
B. An owner of an animal receiving a potentially dangerous animal restraint order may request a hearing on the order by an administrative hearing officer. The request for a hearing must be submitted in writing, during the ten calendar days following the service of the order. Pending such hearing, the animal must be kept in a secure enclosure or adequately restrained as specified in the restraint order.
C. Failure of the owner to request a hearing on the restraint order within the ten day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.
D. All hearings pursuant to subsection B of this section shall be conducted by the administrative hearing officer who shall not have been directly involved in the subject action. Hearings shall be held not more than ten working days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed thirty days if the administrative hearing officer deems such continuance to be necessary and proper. Within ten days after the conclusion of the hearing, the administrative hearing officer shall render, in writing, his or her findings, decision and order thereon and shall give notice of the findings, decision and order to the owner of the subject animal; service of such notice shall be by mail or hand delivery. Restrictions and/or conditions resulting from the hearing may include, but are not limited to the following:
1. Requirements as to the size, construction and design of structured enclosure for the animal;
2. Location of the animal’s residence including prior notice of plans to move the animal to another location or to a location outside of the cities for which this ordinance is written and obtaining approval from animal services to do so after proper notification of animal regulation in the new jurisdiction;
3. Requirements as to type and method of restraints for the animal, including but not limited to leashes, muzzles and confinement in a kennel or other facility;
4. Photo identification and permanent marking or microchip on the animal for purposes of identification;
5. A requirement to obtain a potentially dangerous animal registration and requiring a tattoo or microchip noting the declaration and registration with animal services;
6. Maintain updated owner information at all times with the specific microchip vendor;
7. A requirement to alter the animal;
8. Requirements as to notification to animal services within one working day if the animal is at large or has committed an attack on any person or animal;
9. Requirements as to the dog’s completion of an obedience course, which shall be subject to the approval of the director, and to provide proof of completion of such course to animal services within sixty days after the release of the dog to its owner;
10. Requirement for the posting in a conspicuous place of a sign having letters at least two inches in width and two inches in height and reading “Beware of Dog” or “Beware of _______,” as may be appropriate;
11. Requirements to allow inspection of the animal and its enclosure by animal services or any other law enforcement agency without warrant, and to produce upon demand, proof of compliance with such requirements of this section, as may be applicable; and
12. Obtaining written permission from the landlord/owner to keep the animal on certain specified premises in the event that the owner of the animal is not the legal owner of the real property where the animal is being kept.
E. An animal which as been determined to be a potentially dangerous animal following the conclusion of the process described in subsections A through D of this section shall be added to a list of potentially dangerous animals maintained by animal services. Once an animal has been determined to be a potentially dangerous animal, if there are no additional instances of the behavior described as “potentially dangerous” in Section 10.30.020(D) within a thirty-six month period from the date of the restraint order, the animal may be removed from the list of potentially dangerous animals by the director.
F. Any person who violates any of the conditions imposed by the administrative hearing officer pursuant to this section is guilty of a misdemeanor, if charged. (Ord. 625 § 1, 2006)