9.24.040 Hearing procedures.
A. Petition. Pursuant to Section 9.24.030, where the animal control officer has investigated and determined that there exists probable cause to believe that an animal is dangerous or potentially dangerous, the animal control officer shall petition the hearing officer for a hearing for the purpose of determining whether the animal should be declared dangerous or potentially dangerous.
B. Notice. The city shall notify the owner of the animal that a hearing will be held, at which time the animal control officer and the animal owner may present evidence as to whether the animal should be declared dangerous or potentially dangerous. The notice, together with a copy of the petition, shall be provided pursuant to Section 9.24.060. The hearing shall be held promptly within no less than ten days and no more than thirty days after service of the notice on the owner of the animal.
C. Conduct of Hearing. The hearing officer shall conduct the hearing as set forth in Section 9.32.050(H)(2) through (4). The owner of the animal shall be provided an opportunity to present evidence as to why the animal should not be declared dangerous or potentially dangerous.
D. Determinations of Dangerous and Potentially Dangerous Animals—Evidence. In making a determination that an animal is dangerous or potentially dangerous, evidence of the following shall be considered:
1. Any previous history of the animal attacking, biting or causing injury to a human being or other domestic animal;
2. The nature and extent of injuries inflicted and the number of victims involved;
3. The place where the bite, attack or injury occurred;
4. The presence or absence of any provocation for the bite, attack or injury;
5. The extent to which property has been damaged or destroyed;
6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training for fighting;
7. Whether the animal exhibits any characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals;
8. Whether the animal can be effectively trained or retrained to change its temperament or behavior;
9. The manner in which the animal had been maintained or cared for by its owner;
10. Any other relevant evidence concerning the maintenance or care of the animal; and
11. Any other relevant evidence regarding the ability of the owner or the animal control officer to protect the public safety in the future if the animal is permitted to remain in the city.
E. Determination of Dangerous or Potentially Dangerous Animal—Abatement Order. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is dangerous or potentially dangerous. The hearing officer may order the abatement of the nuisance created by the dangerous or potentially dangerous animal by imposing some or all of the conditions found in Section 9.24.050 for the continued ownership of the animal. The abatement order shall supersede any provisional abatement order issued by an animal control officer unless the abatement order is stayed by judicial action or pending judicial review. Within ten days of the hearing, the determination and abatement order shall be served upon the animal owner pursuant to Section 9.24.060. The determination and abatement order of the hearing officer shall be final and conclusive.
F. Order of Humane Euthanization. If, following the hearing, the subject animal is determined by a preponderance of the evidence to be dangerous and, if released to the animal owner, even where reasonable abatement conditions were imposed, would create a significant threat to the public health, safety, or welfare, the hearing officer may order that the animal be humanely euthanized as permitted under California Food and Agricultural Code Section 31645 or its successor provisions.
1. A rebuttable presumption that an animal creates a significant threat to the public health, safety and welfare exists where:
a. The animal has been involved in an attack resulting in the death of a person, regardless of the circumstances involved.
b. The animal has been involved in a second attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal and that results in the death of the other animal or livestock.
c. The animal has been involved in a third attack, without provocation, that results in a nonsevere injury to a person in a place where such person is acting lawfully.
d. A third attack, without provocation, on another animal or livestock, which occurs off the property of the owner of the attacking animals.
e. The owner of an animal previously deemed dangerous fails, refuses or is incapable of complying with the terms of an abatement order issued pursuant to this chapter.
f. The animal has been previously found dangerous and subsequently exhibits any of the behaviors listed as determinative of dangerous or potentially dangerous under Section 9.24.020.
2. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies.
3. Within ten days of the hearing, notice of the order of humane euthanization shall be served upon the owner pursuant to Section 9.24.060.
4. Any order made by the hearing officer to humanely euthanize an animal shall be final.
(Ord. 2349 NCS §1 (part), 2009; Ord. 2185 NCS §2 (part), 2004.)