6.04.160 Impoundment—Hearing.
Except as otherwise provided, any owner or possessor of any animal impounded pursuant to this chapter is entitled to a hearing conducted by the health officer or by his designee (the hearing officer) within ten days following such impoundment; provided, such owner or possessor (the petitioner) files a written petition therefor with the animal control program within three days following written notice of such impoundment. Unless the hearing officer otherwise determines, such petitioner is liable for all costs related to such impoundment. At the hearing, petitioner and the animal control program may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The decision of the hearing officer or his designee shall be supported by the weight of evidence. The petitioner shall be given written notice of the decision within fifteen days of the hearing. The hearing officer or his designee according to this chapter, may rule that the owner or possessor of the animal will lose all rights of ownership and control of the animal; may order that the animal will be destroyed if the animal has bitten or injured a person or domestic animal; may declare an animal to be a dangerous animal as defined in this chapter; and may require the owner or possessor before the animal is released to his custody to obtain a permit under Section 6.04.080 and sign an agreement which contains conditions, such as, but not limited to, the following:
A. To keep the animal confined on his premises in an enclosure approved by the health officer or his designee;
B. To keep the animal securely muzzled, leashed and under the control of a person eighteen years of age or older, and who is physically capable of restraining the animal when the animal is off his property;
C. To prove financial responsibility by posting a bond or certificate of insurance for an amount up to one hundred thousand dollars;
D. To inform along with the animal control program, any city, county or postal service employee, utility company meter readers, and anyone else, who comes onto the property with implied consent or peaceably and lawfully, of the animal’s viciousness if the animal is moved.
A violation of any of the terms or conditions of this agreement shall result in the animal being impounded. (Ord. 431 § 2 (part), 1987)