§ 10.37.120. Notice of Determination and Appeal from Court Hearing.

A.

Following a court hearing the parties will be notified in writing of the determination and order issued, either personally or by first class mail, postage prepaid by the court. If either party contests the determination, he or she may, within 14 calendar days after the mailing of the notice of determination, appeal the decision to the Superior Court, before a judge other than the judge who originally heard the petition. The fee for filing an appeal is the fee provided for in section 31622(a) of the Food and Agricultural Code, payable to the County clerk. The party appealing must serve notice of the appeal upon the other party personally or by first class mail, postage prepaid.

B.

The court hearing the appeal must conduct a hearing de novo, without a jury, and make its own determination as to the potential danger or viciousness of the dog, and make any orders authorized by this Chapter, based upon the evidence presented. The hearing will be conducted in the same manner and within the time periods set forth in Section 10.37.110. The court may admit all relevant evidence, including incident reports. The issue will be decided upon the preponderance of the evidence.

C.

The court hearing the appeal 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.

The determination of the court hearing the appeal is final and conclusive upon all parties.

(Ord. 2016-0040 § 198, 2016: Ord. 2013-0033 § 7, 2013: Ord. 2011-0038 § 4, 2011: Ord. 2001-0042 § 2 (part), 2001.)