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Updated 2016 Appeal Hearing FAQ
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Updated 2016 Appeal Hearing FAQ
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definition of a vicious animal under local law. The appeals body will review information <br />received from Animal Services staff, the animal owner, and any alleged victims (or owners of <br />animal victims). If the appeals body finds that the facts of the case support the determination <br />by a preponderance of the evidence (or the greater weight of the evidence), it will uphold the <br />determination. If the facts of the case do not support the determination, the appeals body will <br />overturn the determination and the dog will no longer be declared potentially dangerous <br />and/or vicious. <br />Information about your dog’s character and past behavior are not relevant in the hearing and <br />will not be considered. In addition, information about whether your dog was acting in a way <br />consistent with normal dog behavior is not relevant. Appellants are asked to refrain from being <br />a “character witness” for the declared dog and they may be instructed to desist from doing so <br />in an actual hearing. <br /> <br />Other Questions <br />• Should I bring the dog deemed potentially dangerous and/or vicious to the hearing? <br />No. No animals, other than service animals, should be brought to the hearing. <br /> <br />• Why is the term vicious being used to describe a dog? The word “vicious” is a legal term <br />that has been included in the local ordinance to represent a particular legal concept. <br />Animal Services staff and members of the Hearing Panel Pool understand that the word <br />is a legal term and that it rarely describes the character or inherent nature of a <br />particular dog. <br /> <br />• What should I bring to a hearing? <br />Bring your copy of the packet sent to you by Animal Services, along with any additional <br />documents or witnesses that may offer new evidence about the case or the facts of the <br />incident itself. Only witnesses that can add to the facts of the specific incident will be of <br />assistance to the case, not character witnesses for the animals in question. Anything <br />submitted at an appeal becomes part of the official record and copies should be <br />supplied for all parties attending (at least 10). <br /> <br />• What if this is the only time my dog has ever acted in this way? Will this help my case? <br />This determination and the subsequent appeal is based solely on the incident that <br />triggered it. The applicable state and local laws do not require or allow for evaluations <br />of the animal’s previous behavior. <br />
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