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Animal Control Ordinance <br />Adopted 1/21/2016 Unified Animal Control Ordinance Page 29 <br />Effective 3/1/2016 <br />Sec. 4-53. - Appeals. <br />(a) The following appeals are provided by this Chapter: <br />(1) Dangerous Animal declarations pursuant to Section 4-42 <br />(2) Citations issued pursuant to Section 4-41 resulting in a final decision by the <br />Animal Services Director not to release an animal from impoundment <br />because it is in need of protection because of Cruel Treatment pursuant to <br />Section 4-43(c) <br />(3) Citations for removal of animals pursuant to Section 4-45 <br />(4) Denial or revocation of a permit pursuant to Sections 4-71, 4-72, and 4-73 <br /> <br />(a)(b) Except as otherwise provided herein any appeals provided by this Chapter shall be <br />to a three member hearing panel as follows: <br />(b)(1) A person who has been found to be in violation of this Chapter provided <br />an appeal by this Chapter may appeal the final decision made by the Animal <br />Services Director to the appeal board by filing a notice of appeal containing a <br />concise statement of the reason for the appeal and delivering it to the Animal <br />Services Director within five (5) days of receipt of the final decision. <br />(c)(2) A hearing shall be scheduled within ten (10) days of the receipt of notice <br />of appeal. <br />(d)(3) A party alleged to be in violation of this Chapter may be represented by <br />an individual of their choosing, including an attorney. <br />(e)(4) The chair of the hearing panel shall administer oaths to all witnesses and <br />make any ruling necessary to preserve fairness, order and proper decorum. <br />(f)(5) A person appealing a decision may present competent, relevant and <br />material evidence or testimony, cross-examine witnesses, inspect documents, and <br />offer evidence or testimony in explanation or rebuttal. <br />(g)(6) Any member of the hearing panel may call as a witness and question any <br />interested party who has competent, relevant and material comments about the <br />matters contained within the appeal. <br />(h)(7) Members of the hearing panel may exclude and not factor into their <br />decision any evidence, testimony, or statements deemed incompetent, irrelevant, <br />immaterial or unduly repetitious and therefore fail to reasonable address the issues <br />before the hearing panel. <br />(i)(8) Within seven (7) days of the hearing the hearing panel shall issue a <br />decision and cause that decision to forward to the person making the appeal and <br />all other interested parties. <br />(j)(9) Appeal under Section 4-42 of this Chapter (Dangerous Animals and <br />Dangerous Dogs) shall be to a three member hearing panel consisting of one <br />member of the Animal Services Advisory Board, who shall serve as Chair, and <br />Formatted: Numbered + Level: 1 + <br />Numbering Style: 1, 2, 3, … + Start at: 1 + <br />Alignment: Left + Aligned at: 0.75" + Indent <br />at: 1"