If an animal regulation officer has investigated and determined that there exists
probable cause to believe that an animal is potentially dangerous or vicious, the
director shall petition the superior court for a hearing for the purpose of determining
whether or not the animal in question should be declared potentially dangerous or
vicious. A proceeding under this section is a limited civil case. Whenever possible,
any complaint received from a member of the public which serves as the evidentiary
basis for the animal regulation officer to find probable cause shall be sworn to and
verified by the complainant and shall be attached to the petition. The director shall
notify the owner of the animal that a hearing will be held by the court at which time
such owner may present evidence as to why the animal should not be declared potentially
dangerous or vicious. The owner of the animal shall be served with notice of the hearing
and a copy of the petition, either personally or by first-class mail with return receipt
requested. The hearing shall be held promptly within no less than five (5) working
days nor more than ten (10) working days after service of notice upon the owner of
the dog. The hearing shall be open to the public. The court may admit into evidence
all relevant evidence, including incident reports and the affidavits of witnesses,
limit the scope of discovery, and may shorten the time to produce records or witnesses.
A jury shall not be available. The court may find, upon a preponderance of the evidence,
that the animal is potentially dangerous or vicious and make other orders authorized
by this article and state law. The court may decide all issues for or against the
owner of the animal even if such owner fails to appear at the hearing. If the court
rules the animal to be potentially dangerous or vicious, the court may establish a
time schedule to ensure compliance with this article and state law, but in no case
more than thirty (30) days subsequent to the date of the court's determination or
thirty-five (35) days if the service of the judgment is by first-class mail. The determination
of the court shall be final and conclusive upon all parties.
(Ord. No. 5664 § 1(e), 2006.)
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