Ordinance No. 19461 - Laserfiche WebLink

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a business which owns a licensed watchdog, providing the owner has complied with section 4.405. ~4} No dog shall be classified as potentially dangerous if the behav~ar ~n question was directed against a trespasser that has illegally entered any residence. ~5} Upon application of the dog owner accompanied by the fee estab- l~shed by the city manager, the restrictions for a dog classified under sub- section 4.4351} shall be reviewed by the hearings official after six months for dogs classified as Level 1 or Level 2 and after one year for dogs classi- fied as Level 3 or higher. If the dog owner can show that the behavior which caused the classification has been corrected to the satisfaction of the hear- ings official, then the hearings official may enter an order modifying or deleting the classification. 4.440 Identification of Potentiall Dan erous Do s; A eals, Restrictions Pendin A eat . ~1} The director shall have the authority to determine whether any dog has engaged in the behaviors specified in section 4.435. This determina- t~on shall be based upon an investigation that includes observation of the dog's behavior by the animal regulation authority employees or by other wit- nesses wha personally observed the behavior, sign a written statement attest- ing to the observed behavior and agree to provide testimony regardin the do 's behavior if g g , necessary. ~~} The director shall give the dog's owner written notice by cer- t~f~ed mail or personal service containing a description of the dog's s e- cific behavior classific p ,, anon as a potentially dangerous dog and the addi- t~onal restr~ct~ons applicable to that dog by reason of its classification. If the owner denies that the behavior in question occurred, the owner ma y appeal the director's decision to the hearings official within 10 days of the date the notice was received by the owner by certified mail or the owner was personally served. ~3} The hearings official shall hold a public hearing an any appeal from the director's decision to classify a dog as potentially don er- ous, The owner and ~ ~ g any other persons having relevant evidence concerning the dog's behavior as specified in section 4.435 shall be allowed tv resent test~mon . The hearin ~ ~ ~ p y gs official shall issue an order canta~n7ng his or her determination, which shall be final. ~4} Once the owner has received notice of the dog's classification as a Level 1 to Level 4 potentially dangerous dog pursuant to subsection 4.440~~}, the owner shall comply with the restrictions specified in the nonce, unless the owner appeals it to the hearings official. ~5} 1f the director finds that a dog has engaged in Level 5 behav- ior, the dog shall be impounded pending completion of all appeals. If the director's dec~s~on is upheld on appeal, the dog's owner shall be liable for the cast of the dog's impoundment. 4.445 Re ulation of Potentiall Dan erous Do s. ~~} 1n addition to the other requirements of sections 4.330 to 4.490, the owner of a potentially dangerous dog shall comply with the follow- i ng additional regulations: Qrdinance - 13