§ 10.37.110. Potentially Dangerous or Vicious Dog Hearing.

A.

Hearing. If an animal control or a law enforcement officer has investigated and determined that there is probable cause that a dog is potentially dangerous or vicious, the Director may petition the Superior Court, within the judicial district where the dog is owned or kept, for a hearing, or serve a petition for an administrative hearing, to determine whether the dog should be declared potentially dangerous or vicious.

B.

Notice of Hearing and Petition. Whenever possible, a complaint from a member of the public that serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause will be sworn to and verified by the complainant and attached to the petition. The Director must notify the owner or custodian of the dog that a hearing in the Superior Court or an administrative hearing will be held, at which time the owner or custodian may present evidence as to why the dog should not be declared potentially dangerous or vicious. The Director will serve the owner or custodian of the dog with notice of the hearing and a copy of the petition, either personally or by first class mail. The hearing will be held promptly between 5 and 10 working days after the service of the notice upon the owner or custodian of the dog. For purposes of this chapter, service is complete upon deposit of the document(s) in the mail or when the documents are personally served.

C.

Conduct of Hearing. The hearing will be conducted as an administrative hearing, or a limited civil case under Code of Civil Procedure Section 85, et seq., open to the public. The judicial officer or administrative hearing officer will admit all relevant evidence, including incident reports and the affidavits of witnesses. A jury will not be available. The judicial officer or administrative hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and will make other orders or findings required or authorized by this chapter. The judicial officer or administrative hearing officer may decide all issues for or against the owner or custodian of the dog even if the owner or custodian fails to appear at the hearing.

D.

Administrative Hearing Officer. The hearing will be conducted by a neutral hearing officer. The Department may authorize its own employee to conduct the hearing if the hearing officer is not the same person who signed the petition or directed the seizure or impoundment of the dog, and is not junior in rank to that person(s). In the alternative, the Department may use the services of a hearing officer from outside the Department.

(Ord. 2016-0040 § 197, 2016: Ord. 2013-0033 § 6, 2013: Ord. 2011-0038 § 3, 2011: Ord. 2001-0042 § 2 (part), 2001.)