§ 8-123. Classification of dogs; notice to owner.

(a)

Notice to owner. When a dog control officer classifies any dog as a dangerous dog or a vicious dog under this article, the dog control officer shall notify the dog's owner of such classification within 72 hours of the determination. The notice to the owner shall meet the following requirements:

(1)

The notice shall be in writing and mailed by certified mail or statutory overnight delivery to the owner's last known address. If a dog has more than one owner, notice to one owner shall be sufficient for purposes of this article. If there is a question as to the dog's ownership, notice shall be deemed sufficient if sent to the last person who received a citation for the dog.

(2)

The notice shall include a summary of the dog control officer's findings that form the basis for the dog's classification as a dangerous or vicious dog.

(3)

The notice shall be dated and shall state that the owner has a right to request a hearing on the classification within seven calendar days from the date of the notice.

(4)

The notice shall state that the animal control board shall conduct the hearing.

(5)

The notice shall state that if the owner does not request such a hearing within seven calendar days from the date of the notice, the classification of the dog as a dangerous dog or vicious dog shall be final and conclusive for all purposes.

(6)

The notice shall include a form to request a hearing before the dangerous dog committee and shall provide specific instructions on mailing or delivering such a request.

(b)

Hearing. When a hearing is requested by a dog owner in accordance with subsection (a)(6) of this section, such hearing shall be scheduled within 30 calendar days after the request is received; provided, however, that such hearing may be continued by the dangerous dog committee for good cause shown. At least ten calendar days prior to the hearing, the dangerous dog committee shall mail to the dog owner written notice of the date, time, and place of the hearing. At the hearing, the dog owner shall be given the opportunity to testify and present evidence and the dangerous dog committee shall receive other evidence and testimony as may be reasonably necessary to sustain, modify, or overrule the dog control officer's determination.

(c)

If the owner of a classified dog cannot be located within ten calendar days of a dog control officer's determination that a dog is subject to classification as a dangerous dog or vicious dog, such dog may be released to an animal shelter or humanely euthanized, as determined by the dog control officer.

(d)

Confiscation of dangerous dogs and vicious dogs. In addition to the provisions of subsection (a) of this section, a dog classified by the dog control officer as dangerous or vicious shall be confiscated by county animal control. Any dog that has been confiscated under this subsection shall be returned to its owner upon the owner's compliance with the provisions of section 8-124 of this chapter and upon payment of all costs and fees pursuant to section 8-32. If the owner has not complied with the provisions of this section within 14 calendar days, the dog shall be impounded and destroyed in an expeditious and humane manner. The payment of reasonable confiscation costs and the return of a dog shall not bar or affect an action against the owner for violation of this chapter. A citation for noncompliance shall be issued in such cases.

(Ord. No. 16-008 , 12-19-2016)