Shafter Municipal Code Ch. 6.68 Permitting Animals to Go Without Care—pre-Seizure and Post-Seizure Hearings

A. Prior to seizing any animal from the owner or the owner's property, the owner of such animal shall be afforded an opportunity for a hearing, as set forth herein, unless such animal poses a present danger to life or property or is not confined and has been observed committing a nuisance and its immediate seizure is necessary to prevent harm or nuisance and its immediate seizure is necessary to prevent harm or nuisance to humans, animals or property, and except as set forth in Chapter 6.44 of this title, or the seizure is pursuant to a court order.

B. Written notice containing the information required by this section shall be sufficient if it provides reasonable time and opportunity to appear at the hearing and a copy of the notice is served on the owner or person in control of the animal as follows:

1. By personal delivery. Service in this manner shall be deemed complete at the time of such delivery.

2. Posting a copy of the notice in a conspicuous place on the door or near the doorway of the main entryway of the owner's premises or the premises at which the animal is found, or mailing a copy to the owner or the owner's last known address, by registered or certified mail. Service in this manner shall be deemed complete seventy-two hours after such posting and mailing has been accomplished.

3. Actual notice of the hearing shall be deemed sufficient service of the notice.

C. The notice shall be in bold ten point type or larger and shall contain the following information:

1. A description of the animal;

2. The address or description of the location where the owners' facility or animal is located;

3. The grounds for seizing the animal, stating the times, location, circumstances and events giving rise to the necessity for the seizure of the animal;

4. The proposed action to be taken with respect to the animal;

5. The time, date and place of the hearing conspicuously placed in the notice;

6. The right to oppose the proposed action by written, documentary, physical or oral evidence; and

7. The right to be represented by an attorney or other person at the hearing.

D. At the time and place set forth in the notice a hearing shall be held before the hearing officer if any person appears to oppose the seizure of the animal. The hearing officer shall consider all relevant evidence submitted at the hearing; however, all evidence in support of the proposed action shall be in the form of sworn testimony, affidavits or declarations under penalty of perjury made in conformance with Section 2015.5 of the California Civil Code.

E. If the owner expresses a desire to continue the hearing prior to the hearing or set the hearing at a different time, such request shall be granted; but any continuance shall not exceed seventy-two hours from the time originally set for the hearing unless good cause therefore is shown. In determining whether the reason given for continuing the hearing constitutes good cause, the hearing officer shall consider the danger, if any, to the public such continuance will pose.

(Ord. 606 § 1 (part), 2007)