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4/29/2010 10:27:14 AM
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4/29/2010 10:27:14 AM
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Roseville City Council
Document Type
Council Ordinances
Meeting Date
3/29/2010
Ordinance #
1391
Ordinance Title
Dangerous Animals
Ordinance Date Passed
3/29/2010
Ordinance Date Published
4/13/2010
Publication Type
Ordinance
Publication Newspaper
Review
Publication Date (lst)
4/13/2010
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inclusive of the date of the seizure. <br />9. Notwithstandin an hin m this r,,~~~nr- <br />g yt g ~ .Ordinance to the contrary, the City may seize and destroy an <br />animal that . <br />.has: <br />a. inflicted substantial or great bodily harm on a human on~ublic or private <br />property without provocation; <br />b.__ inflicted multiple bites on a human on public or private property without <br />~rovocation_ <br />c. bit multiple human victims on public or private property in the same attack <br />without provocation: or <br />d. bit a human on public or private property without provocation in an attack where more than one <br />animal participated in the attack. <br />Destruction of the animal may occur after the animal Owner has been notified of the intended destruction and, <br />1="~'~•~~' ~ ~°^~^~•~'~'° ^~ ~-' ~* f at least 7 days to request a hearing challenging the decision to destroy the <br />animal. °''°~~~~~, bef~~r~ ~ ~'°^~°~^~ ~ ^'>°r ^ *°~ ~ *~ ~''* If a hearin 7 i€, ~s requested, t11e hearing; shall be <br />l~efin~e a hearing officer. <br />h~. :~Jotice of Dan~;erous Animal Determination <br />1. "l~he Owner of the animal and persons that have sufi~ered iniury or damage from the animal shall be 7i~ven <br />written notice of the dete~nnination of the animal as dangerous. The notice shall provide' <br />a. a description of the animal; the authority for and purpose of the dangerous animal declaration and <br />seizure. if applicable: the time, place. and circumstances under v~~hich the animal was declared dan emus <br />and the telephone number and. contact person where the animal is kept: <br />b. that the Owner of the animal may request a hearin~7 concerning the dangerous animal declaration• failure <br />to do so c~~ithin 14 days of the date of the notice will terminate the owner's right to a hearing; <br />c. that if an appeal request is made within 14 days of the notice the Owner must immediately comply <br />!?Ze re uirements of paragraphs D (1) and (3) of this subdivision and until such time as the hearing officer <br />issues an opinion: <br />d. that if the hearing officer affirms the dangerous aiumal declaration the Owner will have 14 days from <br />the date of the determination to comply with all other requirements of this subdivision• <br />e. that all actual costs of the care, keeping and disposition of the animal are the responsibility of the person <br />claiming an interest in the animal except to the extent that a court or hearing officer finds that the seizure <br />or impoundment was not substantially justified by law• and <br />f. a form for notifying the C-ity of an appeal and reduestin~ a hearing under this subdivision• <br />G. Appeal of Dangerous Animal Determination. <br />1._ ,he O~~mer of an animal determined to be dangerous ma~ppeal the dangerous animal determination <br />?_l~he ~~~ritten notice of appeal must be received by the City within 14 days from the date of the dangerous <br />animal determination. <br />~. The hearine on the appeal of a dangerous animal determination shall be before a hearing officer The <br />hearing officer shall be tl-~e Animal Humane Society Director of Humane Investigations or their desi i~ee <br />=l. 'I~he hearing shall. take place within 14 days of the receipt of the notice of appeal <br />5. h1 the event that the dangerous animal detei-~nination is upheld by the hearing officer actual expenses of <br />the hearing, up to a maximum of $1 000 will be the responsibility of the animal's owner <br />6. The hearing officer shall issue a decision on the matter within ten days after the hearing The decision must <br />be delivered to the animal's owner by hand delivery or registered mail as soon as practical and a copy must be <br />~~ra ~~ided to the City. <br />SECTION 2: Effective date. This ordinance shall take effect upon its passage, publication and <br />January 1, 2011 effective date. <br />Passed by the City Council of the City of Roseville this 29 day of March, 2010. <br />
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