§ 10-266. Appeal from potentially dangerous, dangerous or vicious animal declaration.  


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  • (a)

    If the animal care center advisory board determines that the animal is potentially dangerous, dangerous or vicious at the conclusion of the hearing conducted, that decision shall be final unless the animal owner applies to a court of competent jurisdiction for any remedies that may be available within five business days after receiving notice that the animal has been finally declared potentially dangerous, dangerous or vicious. The appeal will be a civil proceeding for the purpose of affirming or reversing the animal care center advisory board's determination of potentially dangerousness, dangerous or viciousness.

    (b)

    The appeal shall be commenced upon the filing of a petition and the issuance of a rule to show cause by the owner of the animal that the animal should not be declared a potentially dangerous, dangerous or vicious animal. This civil rule shall, at the time of its issuance, be fixed for hearing not later than five days, including Sundays, half holidays and holidays, from the date of the issuance. It shall be heard by preference over all other matters in cases fixed for the same day and shall be heard continuously day after day until submitted for adjudication. Upon the trial of the rule to show cause the court shall determine whether or not the animal is a potentially dangerous, dangerous or vicious animal and then make any order deemed appropriate by the court.

(Ord. No. O-142-2017, § 3, 8-8-2017)