11A - ORDINANCE - AMEND CH 5 - Laserfiche WebLink

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(2) Appeal. After any hearing conducted pursuant to subsection (1), any party to the hearing may, within ten (10) days of the receipt of the notice of determination, appeal the decision of the hearing entity of original jurisdiction to the Orange County Superior Court. Any such appeal shall be requested and conducted in accordance with California Food and Agriculture Code sections 31601, et seq. (3) The Santa Ana Police Department shall have the discretion, in any event, to directly petition the Superior Court to seek a determination whether or not the dog in question should be declared potentially dangerous or vicious. The Santa Ana Police Department shall follow the procedures set forth in California Food and Agriculture Code sections 31601, et seq. for this purpose. (e) Change of Circumstances. In the event of changed circumstances, the Santa Ana Police Department may amend or rescind any abatement and/or impoundment imposed pursuant to subsection (a)(5) of this section. Any such revision to the abatement and/or impoundment due to changed circumstances shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections (b) and (c) of this section. (f) Change of Ownership, Custody and/or Residence. Owners of a vicious dog or potentially dangerous dog who sell or otherwise transfer the ownership, custody or residence of the dog shall at least ten (10) days prior to the sale or transfer, inform the Santa Ana Police Department in writing of the name, address and telephone number of the new owner, custodian and/or residence and the name and description of the dog. The owner shall, in addition, notify the new owner or custodian in writing of the details of the dog's record, terms and conditions of maintenance and provide the Santa Ana Police Department with a copy thereof containing an acknowledgment by the new owner or custodian of his or her receipt of the original. The Santa Ana Police Department shall notify the new owner or custodian in writing of any different or additional restrictions or conditions imposed pursuant to subsection (a)(5) of this section as a result of the change of ownership, custody or residence. The imposition of any such different or additional restrictions or conditions shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections (b) and (c) of this section. (g) Possession Unlawful. It is unlawful to have custody of, own or possess a vicious dog or potentially dangerous dog within the meaning of section 5-72.1 unless it is restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person. (h) Declared Vicious Dog or Potentially Dangerous Dog. It shall be unlawful for the owner and/or custodian of a dog declared vicious or potentially dangerous pursuant to Ordinance No. NS-XXX Page 6 of 12 11 A-6