2021-057 Ordinance - Laserfiche WebLink

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ACO or designated individual shall cause a copy of the aforesaid notice to be served by ordinary mail which shall be deemed complete upon mailing and also left with the individual, if any, in possession of the premises on which the dog is kept, or if there are no individuals in possession of the premises, he shall cause a copy of the notice to be posted on the premises. (3) The notice required by this section hereof shall state, in brief, the ACO's determination and designation with respect to the nuisance, dangerous or vicious nature of the dog. The notice shall include instructions for filing a request for hearing in the County in which the dog's owner, keeper or harborer resides. If the dog is a vicious dog, the notice shall also serve as an order for the destruction of said vicious dog if so indicated. The notice shall further state that the owner must comply with the requirements of this Chapter within seven (7) days after service of the notice. (4) Once a dog is deemed to be a nuisance, dangerous or vicious, the ACO shall report the designation to the Cuyahoga County Animal Warden. (c) Appeal Procedure (1) In accordance with Revised Code 955.222, the owner of a dog who has been served with a notice pursuant to Section 505.18(b)(2) may, within ten (10) days after receipt of such notice, request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the municipal court that has territorial jurisdiction over the residence of the dog's owner, keeper, or harborer. At the hearing, the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog has the burden of proving, by clear and convincing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dog. The owner or keeper of the dog or the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog may appeal the court's final determination as in any other case filed in that court. (2) A court, upon motion of an owner or keeper or an attorney representing the owner or keeper may order that the dog designated as a nuisance dog, dangerous dog, or vicious dog be held in the possession of the owner or keeper until the court makes a final determination under this section or during the pendency of an appeal, as applicable. Until the court makes a final determination and during the pendency of any appeal, the dog shall be confined or restrained in accordance with the provisions of Revised Code 955.22(D) that apply to dangerous dogs regardless of whether the dog has been designated as a vicious dog or a nuisance dog rather than a dangerous dog. The owner or keeper of the dog shall not be required to comply with any other requirements established in the Revised Code that concern a nuisance dog, dangerous dog, or vicious dog, as applicable, until the court makes a final determination and during the pendency of any appeal. (d) Disposition of Vicious Dogs. The ACO may upon investigation or observation of any dog found to be running at large in the City, seize and impound such dog on sight. Further, in conjunction with and immediately upon issuance of notice of designation of any dog as a nuisance, vicious or dangerous dog