§ 6.13.080. Determination of potentially dangerous, dangerous or vicious animal—Hearing.

A.

An animal which exhibits any behavior described in Sections 6.13.040, 6.13.050 or 6.13.060, may be respectively determined to be a potentially dangerous, dangerous or vicious animal. The animal's status shall be established after a hearing as provided in this section. Proceedings may be instituted by:

1.

Observation by an animal control officer or police officer;

2.

A complaint under penalty of perjury by a person or persons, at least eighteen (18) years of age, who observed the animal's behavior.

B.

Hearings for classification as "potentially dangerous," "dangerous," or "vicious" shall be conducted as follows:

1.

The owner shall be given written notice, by first-class certified mail or by personal service, of the facts which are the basis of the complaint and notice of a hearing. The owner shall be notified of the restrictions which will apply to the animal if it is classified as a potentially dangerous, dangerous or vicious animal.

2.

The owner may waive his or her right to a hearing by filing a written waiver with the animal control department, whereupon the animal control department shall make the findings and apply the sanctions provided in this chapter.

3.

Any hearing shall be set not less than five (5) business days nor more than fifteen (15) business days after the notice was mailed to the owner by first-class return receipt mail or the owner was personally served, unless the animal has been seized, in which case the hearing shall be conducted not later than ten (10) days after the seizure.

4.

If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.

5.

The public hearing shall be conducted before a hearing officer. The appointment of the hearing officer shall be by the town manager. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified in a court of law. The town manager shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the town as hearing officers and for the disqualification of hearing officers.

6.

The hearing officer may continue a hearing, based on good cause, as established by one of the parties to the hearing or the hearing officer.

7.

The hearing officer shall consider all relevant evidence presented at the hearing. The formal rules of evidence shall not apply. The hearing officer shall also consider circumstances of mitigation, as well as the owner's and animal's history. If the hearing is held as a result of a sworn complaint, at least one of the complainants shall appear and testify at the hearing or the complaint shall be dismissed.

8.

After the hearing, the owner of the animal shall be notified in writing of the determination and orders issued, either personally or by first-class return receipt mail. The hearing officer shall make a written determination within fifteen (15) business days after the hearing is concluded, unless the animal has been seized, in which case the determination shall be made in seven (7) business days. The decision of the hearing officer shall be final unless appealed pursuant to this section.

9.

If the owner or keeper of the animal contests the hearing officer's determination, the owner may, within five (5) business days of the receipt of the notice of determination, appeal the decision of the hearing officer to the Butte County Superior Court. The owner of the animal shall serve personally or by first-class return receipt mail, notice of the appeal to the town. Any such appeal shall be by trial de novo.

10.

The determination of the superior court hearing an appeal shall be final and conclusive upon all parties.

C.

If an animal is determined to be vicious, the animal shall be immediately removed from corporate limits of the town or destroyed pursuant to Section 6.13.070. If an animal is designated "potentially dangerous" or "dangerous," the following requirements shall apply:

1.

The owner of the animal shall immediately confine the animal in a run which is totally enclosed or kept under other adequate control as approved by the animal control officer. If any of these means of restraint is impossible or impracticable, the animal shall be impounded in the animal shelter facility at the owner's expense, until such time as the owner of the animal shall provide for the restraint of the animal either in a run which is totally enclosed or held securely on a chain or kept under other adequate control as approved by an animal control officer.

2.

The owner of the animal shall be required to provide proof that he or she has current liability insurance in the amount of $250,000.00 covering activities of the animal.

3.

The animal shall have an identity micro-chip inserted under its skin.

4.

The animal's color photograph shall be provided to the animal control department by its owner.

5.

A potentially dangerous or dangerous animal shall be securely confined in an enclosure as described in Section 6.13.020 or in the dwelling while on the owner's or custodian's property. The owner shall conspicuously display signs with a symbol warning of the presence of a potentially dangerous or dangerous animal.

6.

While off the owner's premises, a potentially dangerous or dangerous animal shall, at all times, be muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length, held by and under the control of an adult capable of physically controlling the animal.

7.

All potentially dangerous or dangerous animals shall be properly licensed and vaccinated. In addition, the town shall include a designation of potentially dangerous in the registration records of such animal, and the owner shall pay an annual potentially dangerous animal registration/permit fee, in addition to the regular license fee. The fee shall be established from time to time by resolution of council.

8.

A dangerous dog shall be spayed or neutered, at the owner's expense, within thirty (30) days of a potentially dangerous animal determination.

9.

The animal control officer and/or his or her designee is authorized to make whatever inspections he or she deems necessary to ensure compliance with these provisions.

10.

The owner of the animal shall submit a permit application under Section 6.13.090 to the animal control department within ten (10) business days of notification of determination.

(Ord. No. 484 § 2, 2008)