Sec. 8-3.02. Preseizure and postseizure hearings.
A. Whenever a Peace Officer under Section 8-3.01(A)(2) seizes or impounds an animal based on a reasonable belief that very prompt action is required to protect the health or safety of the animal or the health or safety of other animals, the owner or keeper of the animal, may request a postseizure hearing to determine the validity of the seizure or impoundment, or both. The postseizure hearing shall be commenced as follows.
1. The Police Department or the City, prior to the commencement of any criminal proceedings authorized under Section 8-3 and within forty-eight hours, excluding weekends and City holidays, of the seizure or impoundment, shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper, if known or ascertainable after reasonable investigation. The notice shall include all of the following:
a. The name, business address, and telephone number of the person providing the notice.
b. A description of the animal seized, including any identification upon the animal.
c. The authority and purpose for the seizure, or impoundment, including the time, place, and circumstances under which the animal was seized.
d. A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning to the court an enclosed declaration of ownership or right to keep the animal within ten days, including weekends and City holidays, of the date of the notice. The declaration may be returned by personal delivery or by mail. The declaration will be deemed received at the time it is personally served or, if mailed, upon receipt.
e. A statement that the owner is responsible for the cost of care for an animal that was properly seized and impounded to protect the health or safety of the animal or the health or safety of other animals.
f. A statement that the owner is required to post a bond with the court to defray the cost of care for an animal that has been properly seized and impounded to protect the health or safety of the animal or the health or safety of other animals.
g. A warning that if the owner fails to post the bond within ten days of the seizure or five days after the conclusion of the postseizure hearing, whichever is later, excluding weekends and City holidays, the animal will be deemed abandoned and disposed of by the City.
2. The Court shall conduct the postseizure hearing within forty-eight hours of the Court’s receipt of the request, excluding weekends and City holidays.
3. Failure of the owner or keeper, or the owner’s or keeper’s agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing.
B. Where there is not a prior judicial determination of probable cause and the need for immediate seizure under Section 8-3.01 is not present, the owner or keeper of an animal may request a hearing prior to any seizure or impoundment of the animal. The owner or keeper shall produce the animal at the time of the hearing unless, prior to the hearing, the owner or keeper has made arrangements with the Police Department to view the animal upon request of the Police Department, or unless the owner or keeper can provide verification that the animal has been humanely destroyed by a licensed veterinarian, Animal Control Agency or Animal Welfare Organization. The preseizure hearing shall be commenced as follows.
1. The Police Department or the City Prosecutor, prior to the commencement of any criminal proceedings authorized under Section 8-3, shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice to the owner or keeper, if known or ascertainable after reasonable investigation, stating the grounds for believing the animal should be seized to protect the health or safety of the animal or the health or safety of other animals. The notice shall include all of the following:
a. The name, business address, and telephone number of the person providing the notice.
b. A description of the animal to be seized, including any identification upon the animal.
c. The authority and purpose for the possible seizure or impoundment.
d. A statement that, in order to receive a preseizure hearing, the owner or person authorized to keep the animal, or the owner’s or keeper’s agent, shall request the hearing by signing and returning to the court an enclosed declaration of ownership or right to keep the animal within two days, excluding weekends and City holidays, of the date of the notice.
e. A statement that the owner is responsible for the cost of care for an animal that is properly seized and impounded to protect the health or safety of the animal or the health or safety of other animals.
f. A statement that the owner is required to post with the court a bond to defray the cost of care for an animal that has been properly seized and impounded to protect the health or safety of the animal or the health or safety of other animals.
g. A warning that if the owner fails to post the bond within five days of the seizure, excluding weekends and City holidays, the animal will be deemed abandoned and disposed of by the City.
2. The Court shall conduct the preseizure hearing within forty-eight hours of the Court’s receipt of the request, excluding weekends and City holidays.
3. Failure of the owner or keeper, or the owner’s or keeper’s agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing.
4. The court, after the hearing, may affirm or deny the owner’s or keeper’s right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment.
C. In the event of an acquittal or final discharge without conviction of a person who was charged under Section 8-3 or animals have not been forfeited pursuant to 8-3.03, the Court shall, upon demand, direct the release of seized or impounded animals that have not been forfeited upon a showing of proof of ownership. Any questions regarding ownership shall be determined in a separate hearing by the Court and the Court shall hear testimony from any persons who may assist the Court in determining ownership of the animal. If the owner is determined to be unknown or the owner is prohibited or unable to retain possession of the animal for any reason, the Court shall order the animal released to the appropriate public agency for lawful disposition. This subsection shall not be construed to cause the release of an animal seized or impounded pursuant to any other local, State or Federal law or regulation. The Court shall, upon demand, forfeit the bond to pay the cost of care incurred for the animal. If the bond amount exceeds cost of care, the Court shall exonerate the bond amount and order the security returned to the owner only to the extent the bond exceeds the cost of care incurred for the animal.
D. A person who violates subsection B by failing to produce the animal at the time of the hearing, make arrangements with and allow the Police Department to view the animal upon request, or provide verification that the animal has been humanely destroyed is guilty of a Class 1 misdemeanor. (Ord. No. G-4388, § 3, 2001; Ord. No. G-4417, § 2, 2002; Ord. No. G-5445, § 1, 2009)