§ 12-8-103. HEARINGS.

(a)

In general. If the owner requests a hearing, within 25 days after the Health Officer has declared an animal to be a dangerous animal, the Board shall conduct a hearing concerning the declaration.

(b)

Postponement.

(1)

An owner may request, in writing, a postponement of the hearing.

(2)

An owner may only request one postponement of the hearing.

(c)

Decision of the Board.

(1)

The Board may:

(i)

Affirm or reverse a declaration that an animal is a dangerous animal; and

(ii)

Affirm, reverse, or modify the decision of the Health Officer on the disposition of the animal under § 12-8-102(d) of this title.

(2)

The Board may order:

(i)

Any measures necessary to confine or restrain the animal and a schedule for the implementation of those measures;

(ii)

The owner to comply with any state or local requirements including rabies vaccination and licensing;

(iii)

The owner to pay any fees for impoundment, boarding, vaccinations, licensing, and veterinary services or any other civil monetary penalties incurred under this article;

(iv)

The owner to display clearly visible signs on the owner's property that a dangerous animal is on the property;

(v)

The animal to be spayed or neutered;

(vi)

The animal to be removed from the county;

(vii)

The animal to be euthanized; or

(viii)

The animal to be impounded until:

1.

The orders of the Board are implemented to the satisfaction of the Health Officer; and

2.

The owner pays any fees or civil monetary penalties.

(d)

Notification. The Board shall notify the owner of the Board's decision.

(e)

Costs. The Health Officer, the Animal Services Division and the Board are not responsible for the cost of any orders of the Board.

(f)

Failure to attend a hearing or request a postponement. An owner shall be considered to have waived any property interest or claim of ownership the owner has in an impounded animal if the owner fails to attend a hearing for which the owner did not otherwise request and receive a postponement.

(g)

Abandoned animal. An impounded animal shall be deemed abandoned and shall be disposed of in accordance with this article if:

(1)

The owner waives ownership in accordance with this section;

(2)

Does not pay the boarding fees as required under Title 1, Subtitle 2 of this article; or

(3)

The owner does not comply with the orders of the Board.

(1988 Code, § 6-260) (Bill No. 146-97, § 2, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 68-13, § 1, 12-29-2013)