Sec. 14-233Investigation and determination of classification, notice of classification, right of appeal, and hearings before a designated authority

(a) Upon receiving a report of a dog believed to be subject to classification as a dangerous dog or vicious dog within a dog control officer's jurisdiction, the dog control officer shall make such investigations as necessary to determine whether such dog is subject to classification as a dangerous dog or vicious dog.

(b) Upon completion of his or her investigation, the dog control officer shall:

(1) Determine that the dog is not subject to classification;

(2) Determine that the dog is subject to classification as a dangerous dog; or

(3) Determine that the dog is subject to classification as a vicious dog.

(c) In the event that the dog control officers determines that a dog is subject to classification as a dangerous dog or vicious dog, the dog control officer shall provide a notice of such classification to the dog's owner within 72 hours of such designation, which notice of classification shall include the following:

(1) A summary of the dog control officer's investigation, findings, and classification.

(2) A statement that the owner has a right to appeal the dog control officer's determination and classification to a hearing before the designated authority, as defined above. However, if an authority has not been established or designated for the jurisdiction, the owner shall be informed of the right to appeal the determination and request a hearing before the county probate court, as required by O.C.G.A. § 4-8-23.

(3) A notice of appeal form to be used by the dog owner for requesting an appeal of the dog's classification to a hearing before the designated authority or county probate court.

(4) A statement that the owner's request for appeal and hearing must be made within seven days of the date of the notice of classification.

(5) A statement that failure to make a request for appeal and hearing within such time period may result in waiver of the right to a hearing and, in the event of such a waiver, the dog control officer's determination and classification shall become effective for all purposes under this article.

Such notice of classification must be provided via certified mail or statutory overnight delivery to the owner's last known address.

(d) In the event that a dog owner appeals the dog control officer's determination and classification to a hearing before the designated authority or county probate court, then such determination and classification shall not become effective until issuance of the order on appeal, as set forth below.

(e) If an owner cannot be located within ten days of the dog control officer's determination that a dog is subject to classification as a dangerous or vicious dog, then such dog may be released to an animal shelter as defined in O.C.G.A. § 4-14-2, as determined by the dog control officer.

(f) All hearings on appeal shall be conducted pursuant to the provisions contained in O.C.G.A. Title 4, Chapter 8.

(g) When a hearing on appeal is requested by a dog owner in accordance with this article, such hearing must be scheduled to be conducted within 30 days after the request is received. However, the hearing may be continued by the designated authority, as provided in O.C.G.A. § 4-8-23(d).

(h) If the hearing on appeal is conducted by the designated authority, then at least ten days prior to the hearing, the designated authority shall mail to the dog owner written notice of the date, time, and place of the hearing. At the hearing, the dog owner shall be given the opportunity to testify and present evidence and the designated authority conducting the hearing shall receive evidence and testimony as may be reasonably necessary to sustain, modify, or overrule the dog control officer's determination and classification.

(i) If the hearing on appeal is conducted by the designated authority, then within ten days after the hearing on appeal, the designated authority shall mail written notice to the dog owner of its determination and conclusions (herein referred to as the "order on appeal"). If the order on appeal upholds the dog control officer's classification of the dog as dangerous or vicious, then such order must specify the date upon which the classification shall become effective.

History: (Ord. No. 15-04, § 3(Exh. A), 5-7-2015)