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50A - AMEND CHAPTER 5 ASSESSMENT OF DOGS
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04/18/2011
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50A - AMEND CHAPTER 5 ASSESSMENT OF DOGS
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Last modified
1/3/2012 3:46:57 PM
Creation date
4/14/2011 4:02:28 PM
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City Clerk
Doc Type
Agenda Packet
Item #
50A
Date
4/18/2011
Destruction Year
2016
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(c) Immediate Impoundment When in the opinion of the Animal Services <br />Officer or Police Officer, immediate impoundment is necessary for the preservation of <br />animal or public health safetv or welfare or if the doq has been impounded under other <br />provisions of this Code or State law, the preimpoundment hearing shall not be required <br />however, the owner or custodian shall be given written notice allowing ten (10) days from <br />receipt of such notice to request in writina an abatement hearing If requested a hearing <br />shall be held within ten (10) workinq days of receipt of the request and the dog shall not <br />be disposed of prior to the decision following such hearing A hearing under this <br />subsection shall be conducted in accordance with Chapter 3 of this Code except as <br />otherwise indicated. If, after ten (10) days following receipt of such notice no written <br />request for a hearing is received from the owner or custodian the dog in question shall be <br />disposed of under applicable provisions of law. <br />(d) Initial Hearing and Appeal <br />section shall be requested and conducted in accordance with <br />Chapter 3 of this Code unless otherwise stated herein <br />(2) Appeal. After any hearing conducted pursuant to subsection (1) any <br />party to the hearing may, within ten (10) days of the receipt of the <br />notice of determination appeal the decision of the hearinq entity of <br />original jurisdiction to the Orange County Superior Court. Any such <br />appeal shall be requested and conducted in accordance with <br />California Food and Agriculture Code sections 31601, et seq <br />(3) The Santa Ana Police Department shall have the discretion in any <br />event, to directly petition the Superior Court to seek a determination <br />whether or not the do in uestion should be declared otentiall <br />dangerous or vicious. The Santa Ana Police Department shall follow <br />the procedures set forth in California Food and Agriculture Code <br />sections 31601, et seq for this purpose <br />(e) Change of Circumstances In the event of changed circumstances the <br />Santa Ana Police Department may amend or rescind any abatement and/or impoundment <br />imposed pursuant to subsection (a)(5) of this section Any such revision to the abatement <br />and/or impoundment due to changed circumstances shall be subject to the same notice <br />hearing and other procedural requirements as required for imposing an initial abatement <br />and/or impoundment set forth in subsections (b) and (c) of this section <br />(f) Change of Ownership Custody and/or Residence Owners of a vicious dog <br />or potentially dangerous dog who sell or otherwise transfer the ownership custody or <br />residence of the dog shall at least ten (10) days prior to the sale or transfer, inform the <br />Santa Ana Police Department in writing of the name address and telephone number of <br />Ordinance No. NS-XXX <br />Page 7 of _ <br />5OA-9
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