A. A Peace Officer who has seized or impounded an animal pursuant to Section 8-3.01 or 8-3.02, on a showing of probable cause that the animal has been cruelly mistreated or cruelly neglected, may request a disposition hearing before a City Magistrate to determine whether the animal has suffered cruel mistreatment or cruel neglect as defined in this section. The hearing shall be set within fifteen business days after the request has been filed.

B. The Peace Officer who has requested a hearing under subsection A of this section shall cause a notice to be affixed to a conspicuous place at the owner’s residence. If the owner fails to appear at the hearing or if the City Magistrate determines by a preponderance of the evidence that the animal has been cruelly mistreated or cruelly neglected, the City Magistrate may order the animal forfeited to the officer or any person or agency, including volunteers, contracted with the City to care for an animal that is seized and impounded pursuant to other provisions of this section, or humanely destroyed. The owner shall pay cost of care. The hearing shall be recorded.

C. The procedures and remedies provided for in this section shall neither require nor preclude other enforcement action on the same facts, including a criminal prosecution of the owner. The procedures and remedies provided for in this chapter are remedial and not punitive and are not precluded by an acquittal or conviction in a criminal proceeding. This section shall not be construed as precluding the destruction of any animal if destruction is otherwise authorized by law, nor shall anything in this section be construed as precluding the spaying or neutering of any animal. If any provision of this section is in conflict with any other provisions of this Code, the provisions of this section shall be controlling.

D. Appeal by either party of the decision of the City Magistrate shall be by way of special action to the Superior Court on the record of the hearing. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than five days after the decision, excluding weekends and City holidays. (Ord. No. G-5445, § 1, 2009)