Fremont Municipal Code Art. IV Potentially Dangerous Dog Permit Denial or Revocation Hearing

(a) If the animal services manager seeks to deny the application for or revoke a potentially dangerous dog permit, the animal services manager shall send to the applicant or permit holder a notice of intent to deny or revoke which states the following:

(1) The reason(s) for the denial or revocation;

(2) That the applicant or permit holder may appeal the intended decision by requesting a hearing in writing;

(3) That the request for a hearing must be received by the animal services manager within 15 calendar days after the date that a copy of the notice of intent to deny or revoke was placed in the mail; and

(4) Failure to request a hearing within the time specified may result in seizure of the dog.

(b) Upon receipt of a request for a hearing, the animal services manager shall set the date, time and place for the hearing. The animal services manager shall serve notice of the hearing by personal service or by first-class mail, postage prepaid, to the person requesting the hearing at least five business days before the date of the hearing. The hearing shall be conducted in accordance with the provisions of Section 6.60.080.

(c) The animal services manager may cause notice to be sent pursuant to Section 6.60.070(b). (Ord. 16-2018 § 1, 6-5-18.)

(a) The hearing officer’s decision must be supported by evidence on the record.

(b) If the hearing officer upholds the decision to deny or revoke a potentially dangerous dog permit, then the hearing officer may direct that:

(1) The owner or person with a right to control the dog pay all applicable fees and transfer ownership of the dog to a person who either satisfies the requirements of this chapter or who will have the dog reside outside the city, within a specified time period;

(2) The city may dispose of the dog in accordance with state law;

(3) If either the owner or person with a right to control the dog fails to comply with the hearing officer’s decision, the animal services manager may summarily seize the dog and assume possession of the dog for disposal in accordance with state law;

(4) If the dog has been impounded in contemplation of or pursuant to the hearing, either the owner or person with a right to control the dog must pay all fees associated with the board and care of the dog. Both the owner and the person with a right to control the dog are responsible for the payment of all applicable fees;

(5) The owner or person with a right to control the dog has five business days upon service of the hearing officer’s decision to appeal the decision to the superior court pursuant to Section 6.60.100, or the decision will be deemed final; and/or

(6) Failure to appeal the hearing officer’s decision within five business days after service of the decision will result in the forfeiture of their interest in the dog and the city may dispose of the dog in accordance with state law.

(c) If the hearing officer decides denial or revocation of the potentially dangerous dog permit is not warranted, the hearing officer may order the potentially dangerous dog permit issued. If the dog is impounded, the hearing officer may require the release of the dog upon payment of the impound and board fees, and may add such conditions to the potentially dangerous dog permit as are necessary to effectuate the purposes of this chapter and to protect the public health, safety, and welfare. (Ord. 16-2018 § 1, 6-5-18.)