Hallsville Designation of Dangerous Animal: Procedure ordinance (§ 205.193)

A. Any finding by the Chief of Police, a Police Officer or the City Administrator that an animal shall be designated as a "dangerous animal" shall be made by such person in a written notice prepared no later than ten (10) days after the incident occurred, based on one (1) or more of the proof provisions of Subsection (B).

B. The Police Chief, a Police Officer or the City Administrator may designate an animal as a "dangerous animal" upon a finding that an animal comes under the definition of dangerous animal based upon one (1) or more of the following:

1. Actions of an animal personally witnessed by the Chief of Police, a Police Officer or the City Administrator.

2. Findings of guilt by a judge or pleas of guilt by a person in Municipal Court or State Court involving an animal.

3. Police records of animal incidents, if deemed reliable and sufficient without additional information, or supplemented by additional information obtained later. Such Police records include records involving cases prosecuted in State Court or Municipal Court.

4. A statement from a person that said person has personally witnessed the actions of an animal that come within the provisions of dangerous animal, if deemed reliable and sufficient.

C. If the Police Chief, a Police Officer or the City Administrator determines that an animal comes within the provisions of dangerous animal and thus is a "dangerous animal," then that designation shall be made in a written notice which shall include the following information:

1. A description of the animal, including breed, color and gender if known;

2. The name and address of the owner, if known;

3. The dog or cat's license tag number (if any);

4. The facts upon which the person made the determination to designate the animal as a "dangerous animal"; and

5. The current location of the animal if different from the owner's address.

D. The written notice designating an animal as a "dangerous animal" shall be personally delivered to the animal's owner or to a member of the animal owner's family or household seventeen (17) years of age or older. The owner of the animal designated a "dangerous animal" may within five (5) days from the date of delivery of the notice file with the City Clerk a written request for an informal hearing before a Hearing Board composed of the Mayor and two (2) Aldermen to contest the facts and the designation of the owner's animal as a "dangerous animal." The two (2) Aldermen to hear the informal appeals with the Mayor shall be selected by the Board of Aldermen. If a written request for an informal hearing before the Hearing Board is filed with the City Clerk within the time permitted, the Hearing Board shall hold a hearing to determine if the animal is a "dangerous animal." The City Clerk shall provide at least five (5) days' notice of the date, time and location of the hearing to the animal owner by personal delivery of the hearing notice to the owner or to a member of the animal owner's family or household seventeen (17) years of age or older, or by certified mail to the animal owner (with delivery presumed two (2) days after the date of mailing). The hearing shall be open to the public, and all interested persons (including City personnel) shall be given an opportunity to present evidence on the issue of whether the animal is a "dangerous animal," provided that the Hearing Board may limit testimony and written evidence that appears to be cumulative or not relevant. The Hearing Board shall then decide at the conclusion of the introduction of the evidence at the hearing whether to uphold or set aside the designation of the animal as a "dangerous animal." The decision of the Hearing Board shall be set forth in writing within five (5) days of the hearing date and a copy shall be given to the animal's owner and to the Police Department.

E. If the Police Chief, a Police Officer or the City Administrator determines and designates an animal to be a "dangerous animal" under provisions of the City of Hallsville ordinances and that designation is not contested within the time allowed, or if the Hearing Board after the informal hearing upholds the designation made by a the Police Chief, a Police Officer or the City Administrator that an animal is a "dangerous animal" under the provisions of the City of Hallsville ordinances, then such designation or decision shall create a conclusive presumption that the animal designated as a "dangerous animal" is in fact and in law a "dangerous animal" under the provisions of the City of Hallsville ordinances, and the owner of such animal and the animal are subject to all the provisions of this Article. An animal designated a "dangerous animal" shall be subject to the provisions of this Article for the remainder of its life while kept within the City, regardless of who owns the animal. The provisions set forth in this Article shall be required to be complied with by the animal's owner and the animal beginning on the date set forth in the written notice designating the animal as a "dangerous animal," which date shall be no later than thirty (30) days from the date of delivery of the written notice as provided in Subsection (B) of this Section, or beginning on the date set by the Hearing Board in a decision where the Hearing Board upholds the "dangerous animal" designation made by the Police Chief, a Police Officer or the City Administrator, which date shall be no later than thirty (30) days from the hearing date.