§ 701-14-B. Impoundment; Administrative Hearing, Expenses, Obtaining Release.

(A)

Notice.

(1)

As soon as practicable, but no later than three days after the impoundment of any dog under this chapter and/or identification of the dog's owner, whichever is later, the impounding police officer shall provide written notice to the owner of the dog in accordance with CMC §1501-13.

(2)

Such notice shall include:

(i)

That the dog has been taken into custody;

(ii)

The location where the dog is being held;

(iii)

The reason for impoundment;

(iv)

The expenses of impoundment and boarding and that the owner will be responsible for those expenses;

(v)

That the dog's owner, keeper or harborer, can challenge the validity of the impoundment at a hearing before the Hearing Examiner; and

(vi)

The date and location of any scheduled hearing.

(3)

Such notice shall also reference this section so that the owner is made aware of the relevant procedures in the context of impoundment of the dog.

(B)

Office of Administrative Hearings.

(1)

A police officer's initial determination that a dog is a nuisance, dangerous, or vicious dog will not become permanent until after a hearing at the Office of Administrative Hearings in accordance with CMC §701-50.

(i)

All interested persons shall have the opportunity to present evidence on the issue of whether the dog should be designated as a nuisance, dangerous, or vicious dog.

(ii)

Failure of the dog's owner, keeper, or harborer to appear at the hearing shall be considered prima facie evidence that the dog is a nuisance, dangerous, or vicious dog and shall result in the forfeiture of the dog to the City of Cincinnati.

(2)

When a police officer issues a citation for violation of a civil offense under this chapter, a hearing shall take place in the Office of Administrative Hearings in accordance with CMC §1501-17.

(3)

The owner shall be responsible for any expenses incurred for the holding of the dog during the pendency of a hearing.

(4)

The hearing shall be held within seven days of notice being served to the owner, keeper, or harborer of the dog in accordance with CMC §1501-13.

(5)

Failure of the owner, keeper, or harborer to attend any scheduled administrative hearings will result in the forfeiture of the dog to the City of Cincinnati.

(C)

Impoundment Pursuant to Criminal Charges Under CMC § 701-23.

(1)

When a dog is impounded pursuant to a charge or civil citation against its owner under CMC §701-23, the owner shall be responsible for any expenses incurred for the holding of a dog until final adjudication of the charge.

(2)

Failure of the owner, keeper, or harborer to attend all scheduled criminal court appearances will result in forfeiture of the dog to the City of Cincinnati.

(3)

If the owner, keeper, or harborer is found guilty of a criminal offense or in violation of a civil offense under CMC §701-23, the dog will be forfeited to the City of Cincinnati.

(D)

Obtaining Release of an Impounded Dog.

(1)

If the owner, keeper, or harborer is found to be in violation of any civil offense under this chapter, or if the dog is found to be a nuisance, dangerous, or vicious dog, the owner must obtain release of the dog within 31 days after the final order of the administrative hearing officer.

(2)

If the dog is a dangerous dog or a vicious dog, the owner must show proof of liability insurance, in accordance with CMC §701-50(C), in order to obtain release of the dog.

(3)

The owner must pay all costs resulting from the impoundment of the dog including, but not limited to, all costs and fees associated with the dog's impoundment and medical and/or veterinary care, in order to obtain release of the dog.

(4)

The dog shall be released to the owner without expense only if:

(i)

The owner, keeper, or harborer is found not to be in violation of any civil offense under this chapter, citation for which led to the impoundment of the dog;

(ii)

The dog is found not to be a nuisance, dangerous, or vicious dog, when an initial designation as such led to the impoundment of the dog;

(iii)

The owner, keeper, or harborer is found to be not guilty of an offense, criminal or civil, under CMC §701-23, when a charge under that section led to the impoundment of the dog; and

(iv)

The owner, keeper, or harborer obtains release of the dog within 3 days of the final hearing date or final adjudication in court.

(5)

The owner, keeper, or harborer may voluntarily forfeit the dog to the City of Cincinnati by execution of a written consent form. The owner, keeper, or harborer shall still be responsible for any expenses incurred for the holding of the dog during the pendency of the hearing, including, but not limited to, all costs and fees associated with the dog's impoundment and medical and/or veterinary care.

(Ordained by Emer. Ord. No. 183-2015, § 3, eff. June 17, 2015)