01-18 Amend 505 Animals and Fowl & 506 Dangerous and Vicious Animals

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(e) Upon reasonable determination by the chief that a dog meets the require- ments for declassification, the chief shall give the dog's owner or keeper written notice by certified mail, residence service or personal service. (f) If the chief denies the declassification application, the chief shall give the dog's owner or keeper written notice by certified mail, residence service or per- sonal service notifying the owner or keeper of the right to object to that determi- nation pursuant to Section 506.08. At hearing, the dog's owner or keeper must show, by clear and convincing evidence, that all condition of declassification have been satisfied. (g) If a declassification application is denied, the owner or keeper may reapply for declassification after a period of six months has elapsed. 506.07 DOGS CLASSIFIED BY ANOTHER JURISDICTION. (a) Any person desiring to bring a dog to live in the City which has been pre- viously declared to be a nuisance dog, dangerous dog, vicious dog, or similar designation in another jurisdiction, under the provisions of section 955.22 of the Revised Code or comparable local ordinance, must notify the Division of Police prior to moving the dog to the City. (b) The chief shall have authority to determine whether a previously classified dog has engaged in the behaviors specified in Section 506.01. This determina- tion may be based upon an investigation that includes observation of and testi- mony about the dog's behavior, including the dog's upbringing and the owner's or keeper's control of the dog, and other relevant evidence as determined by the chief. The owner or keeper of the dog shall provide the chief with all infor- mation requested related to that dog. (c) Upon reasonable determination by the chief that a previously classified dog has engaged in the behaviors specified in Section 506.01, the chief shall give the dog's owner or keeper written notice by certified mail, residence ser- vice or personal service. The notice shall state: (1) The description of the dog; (2) The level of classification; (3) The facts upon which the classification is based; (4) The availability of a hearing to object to the classification; (5) The restrictions placed on the dog as a result of the classification; (6) The penalties for violation of the restrictions; and (7) The availability of declassification procedures. (d) Upon receipt of notice of the dog's classification as a potential nuisance dog, nuisance dog, dangerous dog, or vicious dog pursuant to subsection (c) of this section, the owner or keeper shall comply with the restrictions specified in Section 506.03 or 506.05 for that dog. (e) If a dog is classified pursuant to subsection (c) of this section, the owner or keeper of the dog shall have the right to an administrative hearing to object to the designation pursuant to Section 506.08. At hearing, the dog's owner or keeper must show, by clear and convincing evidence, that the classification as determined by the chief does not match the dog's previous behavior or classifi- cation. (f) Whoever violates subsection (a) of this section is guilty of a second degree misdemeanor. 506.08 OBJECTION HEARINGS. (a) If a dog is classified pursuant to Sections 506.04 or 506.07, or is denied declassification pursuant to Section 506.06, the owner or keeper of the dog shall have the right to an administrative hearing to object to the determination. The hearing shall be heard by the Director of Public Safety. An owner or keeper has ten calendar days from the date listed on the written notice of the determination to inform the Director of Public Safety in writing that a hearing is requested. 17