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29 <br /> Animal Control Ordinance <br /> Sec. 4-53. - Appeals. <br /> Except as otherwise provided herein any appeals provided by this Chapter shall be to a three <br /> member hearing panel as follows: <br /> (a) A person who has been found to be in violation of this Chapter may appeal the final <br /> decision made by the Animal Services Director to the appeal board by filing a notice <br /> of appeal containing a concise statement of the reason for the appeal and delivering it <br /> to the Animal Services Director within five (5) days of receipt of the final decision. <br /> (b) A hearing shall be scheduled within ten (10) days of the receipt of notice of appeal. <br /> (c) A party alleged to be in violation of this Chapter may be represented by an <br /> individual of their choosing, including an attorney. <br /> (d) The chair of the hearing panel shall administer oaths to all witnesses and make any <br /> ruling necessary to preserve fairness, order and proper decorum. <br /> (e) A person appealing a decision may present competent, relevant and material evidence <br /> or testimony, cross-examine witnesses, inspect documents, and offer evidence or <br /> testimony in explanation or rebuttal. <br /> (f) Any member of the hearing panel may call as a witness and question any interested <br /> party who has competent, relevant and material comments about the matters <br /> contained within the appeal. <br /> (g) Members of the hearing panel may exclude and not factor into their decision any <br /> evidence, testimony, or statements deemed incompetent, irrelevant, immaterial or <br /> unduly repetitious and therefore fail to reasonable address the issues before the <br /> hearing panel. <br /> (h) Within seven(7) days of the hearing the hearing panel shall issue a decision and <br /> cause that decision to forward to the person making the appeal and all other interested <br /> parties. <br /> (i) Appeal under Section 4-42 of this Chapter (ViciousDangerous Animals and <br /> Dangerous Dogs) shall be to a three member hearing panel consisting of one member <br /> of the Animal Services Advisory Board, who shall serve as Chair, and two members <br /> drawn from the remainder of the pool. At least one member of the panel shall be <br /> from either the Town or County where the incident occurred. In the event that a <br /> representative of the town in question is not available to serve within the required <br /> period of time, a representative of one of the other towns will be selected. <br /> (j) An appeal from the final decision of the hearing panel shall be taken to the Superior <br /> Court by filing a notice of appeal and a petition for review within 10 days of the final <br /> decision of the hearing panel. Appeals from rulings of the hearing panel shall be <br /> heard de novo before a superior court judge sitting in Orange County. <br /> The Board of County Commissioners shall adopt a policy, which may be amended from time to <br /> time, governing the appointment of appeals panel members and any additional processes <br /> necessary to carry out appeals in fair and equitable manner. The Towns of Chapel Hill, <br /> Carrboro and Hillsborough may appoint one person from their respective jurisdictions to serve <br /> in the pool of prospective hearing board members. (Does not apply in the Town of Carrboro) <br /> Adopted 1/21/2016 Unified Animal Control Ordinance Page 28 <br /> Effective 3/1/2016 <br />