Kern County Municipal Code Ch. 2.152 Animal Services Hearing Panel

Footnotes:

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Editor's note— Ord. No. G-8650, § 8, adopted June 21, 2016, changed the title of Ch. 2.152 from "Animal Control Hearing Panel" to "Animal Services Hearing Panel."

The animal services commission shall act as a panel of hearing officers to the animal services hearing panel, and the chairman of the animal services commission shall designate, from the panel of hearing officers, a hearing officer to conduct hearings assigned to the animal services hearing panel under Section 2.152.020.

(Ord. No. G-8264, § 2, 3-12-12; Ord. No. G-8650, § 9, 6-21-16)

A. Hearings under Section 7.08.280 (Declaration of Dangerous Animal). It shall be the responsibility of the hearing officer appointed pursuant to Section 2.152.010 to hold the administrative hearing under Section 7.08.020, and specifically to:

1. Hold the public hearing within statutorily required time limits and otherwise at such time and place as convenient for the parties;

2. Take evidence, as deemed appropriate, for the purpose of determining if the animal in question should be declared potentially dangerous, dangerous, or vicious; or if the owner of an animal previously determined to be potentially dangerous, dangerous, or vicious is in violation of this title; or if an animal poses an immediate threat to public health, safety and welfare; and if so in any of these events, what measures, orders or penalties should apply; and

3. Render findings, determinations, declarations, and orders in response to the request by the department pursuant to Section 7.08.280.

B. Hearings under Penal Code Sections 597.1(f) (Post-Seizure Hearing) and 597.1(g) (Pre-Seizure Hearing). It shall be the responsibility of the hearing officer appointed pursuant to Section 2.152.010 to hold the administrative hearings under Penal Code Sections 597.1(f) and 597.1(g), and specifically to:

1. Hold the public hearing within statutorily required time limits and otherwise at such time and place as convenient for the parties;

2. Take evidence, as deemed appropriate, for the purpose of determining if the seizing officer had reasonable grounds to believe very prompt action, including seizure and impoundment of the animal, was required to protect the health or safety of the animal, another animal or humans, as to hearings under Penal Code Section 597.1(f); or if the seizing officer has reasonable grounds to believe seizure and impoundment of the animal should be ordered to protect the health or safety of the animal, another animal or humans, as to hearings under Penal Code Section 597.1(g); and if so in either of these events, what measures, orders or penalties should apply; and

3. Render findings, determinations, declarations, and orders in response to the request by the department pursuant to Penal Code Sections 597.1(f) and 597.1(g).

C. Other Administrative Hearings. It shall be the responsibility of the hearing officer appointed pursuant to Section 2.152.010 to hear other department matters requiring an administrative hearing, upon request by the county administrative officer or the department, unless such matters are assigned to the Animal Services Commission pursuant to Section 2.150.020(A)(5).

(Ord. No. G-8264, § 2, 3-12-12; Ord. No. G-8650, § 10, 6-21-16)

1. The owner shall be served a copy of the verified complaint or petition, and a notice of hearing date, time and place, either personally or by first-class mail, return receipt requested.

2. A hearing conducted pursuant to this chapter shall be held promptly within no less than five (5) working days or more than ten (10) working days after service of notice upon the owner, unless the applicable ordinance or statute provides otherwise, or unless the parties agree otherwise.

3. The hearing officer may receive at the hearing all relevant evidence from the director, the animal control officer, or law enforcement officer, and the owner and his or her witnesses. Such evidence may include incident reports and affidavits of witnesses.

4. The findings, determinations, declarations, and orders of the hearing officer shall be in writing based upon whether, by a preponderance of the evidence, elements of the applicable ordinance, or statute have been satisfied.

5. Service of the findings, determinations, declarations, and any orders issued pursuant thereto shall be made upon the owner either personally or by first-class mail, return receipt requested. The findings, determinations, declarations, and orders of the hearing officer are final, unless appealed to the Superior Court as provided in subsection (6).

6. If the owner contests the determination of the hearing officer, the owner may, within five (5) days of receipt of the notice of determination, appeal the decision to the Kern County Superior Court. The Kern County Superior Court shall conduct a de novo hearing according to its Rules of Court. If the initial hearing was conducted in the Kern County Superior Court, the appeal will be heard by a different judge of the Kern County Superior Court.

(Ord. No. G-8264, § 2, 3-12-12)

The director shall furnish the hearing officer appointed pursuant to Section 2.152.010 with such clerical, administrative, and other personnel deemed necessary in order to perform the duties of the animal services hearing panel.

(Ord. No. G-8264, § 2, 3-12-12; Ord. No. G-8650, § 11, 6-21-16)

The hearing officer appointed pursuant to Section 2.152.010 shall be reimbursed for expenses actually and necessarily incurred while traveling on the business of the animal services hearing panel. Such travel expenses shall include the cost of transportation, meals, lodging, and other incidental items, and transportation by private automobile pursuant to the rules, rates and per diem expenses allowed county offices and employees on similar business.

(Ord. No. G-8264, § 2, 3-12-12; Ord. No. G-8650, § 12, 6-21-16)

Definitions of terms used in this Chapter 2.152 shall be the same as those definitions set out in Chapter 7.08, Title 7, of this code.

(Ord. No. G-8264, § 2, 3-12-12)