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FULL PACKET_2011-05-02
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FULL PACKET_2011-05-02
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1/3/2012 3:45:33 PM
Creation date
4/28/2011 12:04:33 PM
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City Clerk
Doc Type
Agenda Packet
Date
5/2/2011
Destruction Year
2016
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f. Requirements as to the posting of a warning notice or notices <br />conspicuous to the public warning persons of the presence of a <br />vicious dog. <br />g. Payment of a fee or fees as established by resolution of the City <br />Council to recover the costs of enforcing the provisions of this Code <br />as applied to the regulation of vicious dogs. <br />(b) Notification of Right to Hearing. At least five (5) working days prior to <br />impoundment and/or abatement, the owner or custodian shall be notified in writing of his or <br />her right to request a hearing in writing to determine whether grounds exist for such <br />impoundment and/or abatement. If a hearing is requested, the impoundment and/or <br />abatement hearing may be held in conjunction with the hearing provided for in subsection <br />(a) of this section. If the owner or custodian requests a hearing prior to impoundment <br />and/or abatement, no impoundment and/or abatement shall take place pending decision <br />following a hearing, except as provided in subsection (c) of this section. Pending such <br />impoundment and/or abatement hearing and decision, the Santa Ana Police Department <br />may order the owner or custodian to keep the dog within a substantial enclosure as <br />deemed necessary under the circumstances. The Santa Ana Police Department may also <br />order the owner or custodian to post and keep posted upon the premises where such dog <br />is kept under restraint, a warning notice pending such impoundment and/or abatement <br />hearing and decision by the Superior Court. The form, content and display of such notice <br />shall be specified by the Santa Ana Police Department. Any hearing under this subsection <br />shall be conducted in accordance with Chapter 3 of this Code. <br />(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, safety or welfare, or if the dog 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 writing an abatement hearing. If requested, a hearing <br />shall be held within ten (10) working 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 />(1) Initial Hearing. Any hearing requested or conducted pursuant to this <br />section shall be requested and conducted in accordance with <br />Chapter 3 of this Code, unless otherwise stated herein. <br />Ordinance No. NS-XXX <br />Page 5of12 <br />11 A-5
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