Chapter 7.08
ANIMAL CONTROL BOARD
Sections:
7.08.010 Composition.
7.08.020 Jurisdiction.
7.08.030 Proceedings.
7.08.040 Filing fees.
7.08.050 Hearings.
7.08.060 Reconsideration.
7.08.070 Appeals to Superior Court.
7.08.080 Fees upon appeal.
7.08.010 Composition.
A. The animal control board shall be composed of five members with one alternate. The term of each appointed member of the board shall be three years. The initial terms shall be staggered as follows:
1. One for a one-year term;
2. Two for two-year terms;
3. Two for three-year terms;
4. The alternate’s initial term shall be for three years.
B. Members of the animal control board and the alternate shall be appointed by the mayor, subject to confirmation by the assembly. There shall be one member selected from each of the following groups to the extent practicable:
1. Licensed veterinarians;
2. Organized and recognized animal interest groups;
3. Animal trainers, preferably experienced in handling problem animals;
4. Animal owners from the general public;
5. An individual from the general public at-large.
C. The alternate shall be from one of the groups listed under subsection B of this section.
D. Preference shall be given those applicants in each group who have experience in quasi-judicial or similar matters.
E. The board members shall annually appoint a chairperson and vice-chairperson.
F. Where reference is made in this title to the actions to be taken by the animal control board or of the animal control board’s other procedures, the city may contract with an agent to act as the administrator or hearing agency of actions and procedures of the city. (Ord. 03-37(AM) § 4, 2003; prior code § 12.30.010)
7.08.020 Jurisdiction.
A. The animal control board has appellate jurisdiction over the determination of animals classified as a nuisance or dangerous by the chief animal control officer, related written administrative orders, and animals forfeited pursuant to Sections 7.04.100(C)(1) and 7.20.040(E).
B. The animal control board has original jurisdiction over the determination of animals classified as vicious by the chief animal control officer. (Prior code § 12.30.020)
7.08.030 Proceedings.
A. The board’s proceedings shall be governed by Robert’s Rules of Order, Modern Edition, except as otherwise provided by this title. All board meetings shall be open to the public and taped, and minutes shall be kept.
B. Agenda. The agenda for animal control board meetings shall be as follows:
1. Call to order;
2. Roll call, determination of quorum, approval of agenda;
3. Approval of minutes of previous meeting;
4. Opening presentation by city staff: fifteen (15) minutes;
5. Opening presentation by animal owner: twenty (20) minutes;
6. Rebuttal remarks by city staff: ten (10) minutes;
7. Witness statements (witnesses are subject to examination by the animal control board);
8. Closing remarks by city: ten (10) minutes;
9. Closing remarks by animal owner: ten (10) minutes;
10. Rebuttal remarks by city: five minutes;
11. Board’s deliberation and oral presentation of findings, conclusions and order;
12. Next case on the agenda following the procedures set forth in subsection (B)(4) through (11) of this section;
13. Old business;
14. New business;
15. Correspondence, information and reports, including any reports by the chief animal control officer;
16. Adjournment. (Prior code § 12.30.030)
7.08.040 Filing fees.
A. A one hundred dollar ($100.00) filing fee shall accompany an appeal to the animal control board from a determination and related administrative order that an animal is a nuisance, dangerous, vicious, or from an animal forfeiture decision.
B. A one hundred dollar ($100.00) filing fee shall accompany a request for a hearing before the animal control board to determine an animal’s viciousness.
C. A one hundred dollar ($100.00) filing fee shall accompany an appeal from a forfeiture determination made pursuant to Sections 7.04.100(C)(1) and 7.20.040(E).
D. A person filing an appeal under this section may apply in writing on a form approved by the manager for a payment schedule for the filing fee. A person requesting a payment schedule shall be required to have the full amount of the filing fee paid no later than five days prior to the scheduled date of the appeal hearing.
E. A person granted a payment schedule who fails to make the full payment at least five days prior to the hearing date of the appeal shall forfeit the appeal and shall forfeit any money paid to date for the appeal. The decision or order of the chief animal control officer shall remain in effect.
F. A person who files an appeal under this section may withdraw that appeal by a written request to the clerk prior to the day of the appeal hearing. If an appeal is withdrawn, the filing fee shall be reimbursed to the person who filed the appeal based on the following schedule:
|
1. |
Filing date through five days |
100 percent |
|
2. |
Six through ten days after filing date |
50 percent |
|
3. |
Eleven through fifteen days after filing date |
25 percent |
|
4. |
More than 16 days after filing date |
0 percent |
(Prior code § 12.30.035)
7.08.050 Hearings.
A. General Procedures. An animal owner aggrieved by the chief animal control officer’s classification of an animal, related written administrative order or an animal forfeiture decision is entitled to a hearing before the animal control board, pursuant to the following procedures:
1. A request for a hearing shall be in writing and filed with the clerk within five days of the date of the chief animal control officer’s written administrative order.
2. Within five days of receipt of the written request for a hearing by the clerk, a hearing date shall be set no sooner than twenty (20) calendar days, nor later than thirty (30) calendar days after receipt of the request.
3. The chief animal control officer shall file the record with the city clerk regarding the case within five days after receipt of a notice of appeal.
4. Witness lists, written briefs, and other information to be considered by the animal control board shall be filed by the parties no less than seven days before the hearing.
5. Upon hearing the evidence, the board shall deliberate and issue written findings and conclusions based on the evidence on the record within ten days of the hearing. The decision shall include an order stating the amount of fees and costs associated with the care of the animal while the case was pending.
B. Vicious Animal Hearings. Vicious animal hearings include the following additional procedures:
1. The standard of proof to be applied to vicious animal adjudications is the preponderance of the evidence standard. The preponderance of the evidence standard of proof is met when evidence as a whole shows the facts sought to be proved are more probable than not.
2. All animals found vicious by the animal control board shall be humanely euthanized.
C. Nuisance or Dangerous Animal Hearings. Nuisance or dangerous animal hearings are subject to the following additional procedures:
1. The animal control board shall give deference to the written administrative order issued by the chief animal control officer if the decision of the chief animal control officer is supported by the substantial evidence in the record.
2. The animal control board may affirm, reverse or modify the classification of an animal as a nuisance or dangerous and may modify the written administrative order issued by the chief animal control officer. However, the mandatory conditions set forth in Section 7.20.090 if the animal is classified as a nuisance, or Section 7.20.050 if the animal is classified as dangerous, shall not be modified by the board.
D. Forfeiture Hearings. Forfeiture hearings pursuant to Section 7.04.100(C)(1) or 7.20.040(E) are subject to the following additional procedures:
1. The animal control board shall give deference to the written administrative order issued by the chief animal control officer, and the determination by the chief animal control officer of the fees and expenses to be paid by the owner, if the decision of the chief animal control officer is supported by the substantial evidence in the record.
2. The animal control board may affirm or reverse the chief animal control officer’s decision in a forfeiture proceeding.
3. If the animal control board reverses the decision of the chief animal control officer in a forfeiture proceeding, it may order conditions of release prior to releasing the animal to its owner.
E. Substantial Evidence. For the purpose of forfeiture, nuisance and dangerous animal hearings, substantial evidence means the relevant evidence a reasonable mind might accept as adequate to support a conclusion. (Prior code § 12.30.040)
7.08.060 Reconsideration.
The animal control board may reconsider its decision upon petition of the parties who filed a written argument.
A. The motion for reconsideration shall be filed within five business days after the animal control board’s decision has been mailed or personally served by the chief animal control officer (or agent authorized by contract with the city).
B. The city clerk shall notify the interested parties of a hearing to review the petition and decide whether to reconsider the matter. The animal control board may also hear oral argument of the interested parties. In determining whether to reconsider the matter, no additional evidence shall be taken. A decision shall be reconsidered only if:
1. There was a clerical error in the decision;
2. The decision resulted from fraud or mistake; or
3. There is newly discovered evidence or a change in circumstances which, by due diligence, could not have been discovered before the original animal control board hearing.
C. If the petition for reconsideration is granted, the animal control board shall decide the matter immediately or set the matter for rehearing.
D. For purposes of appeal to the appropriate court:
1. Where the animal control board denies the petition for reconsideration, the animal control board’s decision on the petition for reconsideration is the final decision;
2. Where the animal control board grants the petition for reconsideration, the animal control board’s decision on reconsideration is the final decision. (Prior code § 12.30.045)
7.08.070 Appeals to Superior Court.
A. Appeals by the animal owner or municipality from the written decision of the animal control board shall be to the superior court and governed by the 600 Series of the Alaska Rules of Appellate Procedure. The city clerk (or agent authorized by contract with the city) shall estimate the cost of preparing the transcript of the public hearing and compiling the record on appeal. The appellant shall deposit the estimated costs for preparation of the transcript and record with the city clerk in advance. Upon completion of the record on appeal, the city clerk shall refund any excess deposit or charge to the appellant for costs exceeding the deposit.
B. The hearing before the Superior Court is an administrative appeal heard solely on the record established before the animal control board. (Prior code 12.30.050)
7.08.080 Fees upon appeal.
An animal whose owner is awaiting a decision on appeal may remain in impoundment at the chief animal control officer’s sole decision. The owner is responsible for all fees and expenses reasonably incurred from the date of impoundment. A request to appeal a decision of the chief animal control officer to the animal control board shall be accompanied by advance payment of room and board fees calculated from the date of the decision of the chief animal control officer to the date set for hearing by the animal control board. (Prior code § 12.30.060)