This section shall govern the revocation of dog licenses and mediation of animal complaints. For purposes of this section, the term “dog” includes the plural, the term “animal” includes the plural, the term “license” includes license and permit, and the term “owner” means the owner or person having charge, care or custody of an animal.
A. A permit or license revocation hearing shall be held whenever it is found that the owner of any dog or animal whose permit or license has been reissued upon terms, conditions or restrictions pursuant to this section has failed to comply with the terms, conditions or restrictions imposed when the license was reissued, the violation continues to exist or recurs, or complaints in violation of this code are received against the dog or animal.
B. A hearing officer appointed by the city manager shall exercise all powers relating to the conduct of the hearing including, but not limited to the administration of oaths and affirmations and to certify to official acts.
C. The parking control division shall commence a hearing by serving a written notice upon the owner of the dog or animal at least ten days prior to the date set for the hearing. The notice shall state in clear and concise language:
1. The purpose and reason for holding the hearing and the requested remedy or penalty; and
2. The time and place where the hearing is to be held.
D. The city manager is authorized and empowered to summon witnesses for the hearing by requesting the issuance of subpoenas requiring the attendance of such witnesses at the time and place specified.
E. At the hearing, the owner of the dog or animal, the complainant or complainants, if any, and the parking control division shall be given an opportunity to present evidence and call and cross-examine witnesses.
F. The hearing officer may continue the hearing from time to time upon good cause being shown.
G. Any written notice provided for in this section shall be served upon the owner of the dog or animal by posting upon property occupied by the owner or by certified mail or both. Service by posting is complete upon posting.
H. Hearings need not be conducted according to technical rules relating to evidence or witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Oral evidence shall be taken only on oath or affirmation.
I. A recording or transcript of the hearing shall be taken.
J. The burden is on the city to show by a preponderance of the evidence that the allegations made are true.
K. The hearing officer shall, within fifteen days of the conclusion of any hearing, submit a report to the city manager. The report shall contain a summary of the evidence, including oral testimony and shall state the hearing officer's findings and recommendations. The report shall be a public record and shall be served upon the owner of the animal in accordance with the provision of subsection G of this section.
L. If, at the initial hearing, the hearing officer determines that the allegations are true, the hearing officer shall reissue the license, if the animal is required to be licensed, upon reasonable terms, conditions or restrictions for the training, handling or maintenance of the animal to abate the condition which gave rise to the hearing. A license or permit may be revoked if the owner refuses to accept, in writing, any term, condition or restriction, or fails to attend the hearing. The terms, conditions or restrictions may include, but are not limited to:
1. Selection of locations within the owner's property or premises where a dog or other animal shall not be kept;
2. Requirements as to size, construction or design of an enclosure where a dog or other animal may be kept;
3. Specialized training from a trainer or training program approved by the parking control division to correct any of the dog's or animal's behavioral problems;
4. Removal of one or more dogs or animals to another location;
5. Types and method of restraint or muzzling, or both;
6. Photo identification or permanent marking, or both, for purposes of identification.
A subsequent hearing shall be held wherein the permit or license may be revoked if the owner has either failed to comply with the terms, conditions or restrictions imposed when the permit or license was reissued or if the violation continues to exist.
If the license is again reissued in addition to any other term, condition or restriction imposed by the hearing officer, the licensee shall agree to pay a civil penalty in the amount of two hundred fifty dollars as a condition of the reissuance of the license. The city manager shall establish such rules and regulations as are reasonably necessary to prevent the imposition of the civil penalty from becoming an economic hardship on the licensee. Such rules and regulations shall include, but are not limited to criteria to reduce the amount of penalty to be imposed and provisions for time payments.
M. The city manager shall review the findings and recommendations of the hearing officer and may adopt or reject the hearing officer's findings, or may adopt or modify the recommendations of the hearing officer's findings, or may adopt or modify the recommendations of the hearing officer, or may return the matter to the hearing officer for further evidence or for additional findings and recommendations. The city manager's decision shall be finalized in writing within fifteen days of the receipt of the hearing officer's findings and recommendations, and shall be served upon the owner in accordance with the provisions of subsection G of this section.
The decision of the city manager is final and effective when served upon the owner unless there is an appeal filed to the city council within fifteen days of the service.
N. If a license is revoked, the owner or custodian shall surrender the dog or animal to the parking control division to permanently remove, or cause the dog or animal to be permanently removed, from the city within five calendar days after either the time for appeal, as provided herein, has passed without an appeal being filed, or the decision of the city council affirming the revocation has been served upon the city manager and appellant and shall be impounded by the parking control division if found within the city after the said five-calendar-day period. Failure to remove a dog or animal from the city or surrender it to the parking control division as provided in this section is a misdemeanor.
O. Notwithstanding any other provision of law, the parking control division shall hold for sale any dog or animal surrendered or impounded pursuant to this section for a period of forty-five days. The dog or animal must be transferred to and sold from a district animal shelter different from the district animal shelter where the complaint arose.
P. An owner of any dog or animal whose permit or license has been revoked pursuant to this section shall inform the parking control division, in writing, upon the dog's or animal's removal from the city, the name, address and telephone number of the new owner, the location where the dog or animal will be kept and the name and description of the dog or animal. The owner shall, in addition, notify the new owner, in writing, of the details of any and all complaints concerning the dog or animal, and any terms, conditions or restrictions previously imposed by the parking control division. The owner shall provide the parking control division with a copy of the notification of the new owner as well as an acknowledgement by the new owner of the receipt thereof.
Q. The revocation of a dog license or a determination that a dog or other animal is a dangerous animal may be appealed to the city council as provided herein.
1. The owner of a dog whose license has been revoked or whose dog or other animal has been declared to be a dangerous animal may file an appeal with the city clerk. The appeal shall be made in writing and the grounds for the appeal stated therein clearly and concisely. No grounds for appeal shall be considered if filed or postmarked later than fifteen days after the decision of the city manager is served upon the owner. Within ten days from the date of a timely filed appeal, the city manager shall transmit to the city clerk and the city council a copy of the appeal from, the report, findings and recommendations of the hearing officer and the city manager's written decision.
2. After receipt of the documents, the city clerk shall set the matter for hearing.
3. The city council, after notice and hearing, may affirm, reject or modify the decision of the city manager.
4. The decision of the city council is final and effective when served upon the city manager and appellant by the city clerk. (Ord. 755-94 § 5 (part); Ord. 627-89 § 1 (part))