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35-11 Amend sections in 506 to clarify hearing process related to vicious & dangerous dogs
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35-11 Amend sections in 506 to clarify hearing process related to vicious & dangerous dogs
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5/14/2013 3:21:15 PM
Creation date
10/18/2011 9:23:23 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
10/17/2011
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todian of the animal, any person requesting notice and any <br />person known to have relevant knowledge or information re- <br />garding the animal. <br />(b) Within forty business days of a doe being deemed to be dan- <br />. erg ous pursuant to Section 506.03, the Director of Public <br />Safety or his or her designee shall conduct a hearing to deter- <br />mine whether or not the doe is dangerous as defined by that <br />section. The City shall make residential service of such de- <br />termination and the hearin dg ate upon the owner or custodian <br />of the doe at least thirty days before the hearing. The City <br />shall provide the section of the Codified Ordinances under <br />which the doe has been deemed dangerous." The notice shall <br />inform the owner or custodian that the dog must be removed <br />from the Citv within thirty (30) days of a written decision of <br />the Director of Pubic Safety or his or her designee that the <br />doe is a pit bull doQ or canary doe, unless such removal date is <br />reasonably extended by the Citv for good cause shown. On <br />the request of the City or the owner or custodian, fox eood <br />cause shown the hearing date may be continued by the Direo- <br />for of Public Safety or his or her designee. Anv order to re- <br />move adog from the Citespursuant to this subsection shall be <br />stayed pending appeal. <br />(c) Within five business days of such hearing, after considering <br />all substantial, reliable and probative evidence accepted for <br />review, the Director of Public Safety or his or her desi nee <br />shall issue a written decision making a finding as to whether <br />the animal is dangerous or vicious as defined in this chapter <br />and shall serve the decision upon all parties. The decision <br />shall be a final order and may be appealed to a court of com- <br />petentjurisdiction. <br />Section 4. That Section 506.10 of the Codified Ordinances, Evidence, cur- <br />rentlyreading as follows: <br />506.10 EVIDENCE. <br />(a) The Director of Public Safety or his or her designee may hear <br />and consider relevant evidence offered by any person desiring <br />to provide such evidence at a hearing to determine whether or <br />not an impounded or confined animal is a dangerous animal or <br />a vicious animal. <br />(b) In making a determination as to whether or not such animal is <br />a dangerous animal or a vicious animal, the following evi- <br />dence maybe considered: <br />(1) Any previous history of the animal attacking, biting <br />or causing injury to human beings or domestic ani- <br />mals; <br />(2) The nature and extent of all injuries inflicted and the <br />number of victims involved; <br />
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