A dangerous dog declaration by the animal control authority may be appealed to the City’s hearing examiner. Therefore, I encourage boards to explain the right of appeal to the owner at the same time it issues a written decision. This article was written by Jennifer Mueller, JD. I dont write well, and so I need help writing the appeal. Your dog must never be left in the sole charge of someone under the age of 18. And I have to file an appeal at the edmonds municiple court and the chief of police within five days from today. Focus on the reasons the hearings officer's decision was incorrect, not the reasons you were hurt or upset by it. If the hearings officer rules in your favor, you don't have to pay any fines associated with the citation. Should Politicians Be Personally Liable for Acting Unlawfully? Sydney Criminal Lawyers® has over a decade’s experience representing clients in dangerous dog cases throughout NSW. We have competitive Fixed Fees for a range of Criminal and Driving cases so you will know exactly how much your case will cost. Should I appeal dangerous dog? The states often have regulations and even statutes which deal with dangerous dogs. This article has been viewed 23,703 times. While the general process is similar, specific procedures vary among jurisdictions, so check with your local animal control agency to find out exactly what you need to do. You may want to interview more than one attorney before you make your final decision. Mark this deadline on your calendar and make sure you don't miss it or you may lose your ability to appeal. Typically someone will be there representing the agency that issued the citation. There are 20 references cited in this article, which can be found at the bottom of the page. The ordinance defines what is considered to be adequate. (1) Any city or county that has a notification and appeal procedure with regard to determining a dog within its jurisdiction to be dangerous may continue to utilize or amend its procedure. If your dog has been declared a proposed dangerous dog, you need to ensure that it wears a muzzle and a leash whenever it is out in public and that the leash is under the control of a competent person. A nuisance dog differs from a dangerous dog in that the dog’s behaviour is not believed to be an actual ... it is required to send you a ‘notice of intention’ of making the order and you have 7 days to send council a letter of objection. If the Court determines that the dog is dangerous or affirms an animal control authority’s determination that a dog is dangerous, then the owner can appeal to the County Court. Does an Animal Law Violation citation carry a fine? If the hearings officer rules against you, he or she will let you know what the process is to contest the decision. % of people told us that this article helped them. We use cookies to make wikiHow great. You may submit evidence as part of your appeal, including any assessments from a professional behavioural assessor or any other evidence you have to support your appeal. How would I appeal a dangerous dog decision, and what would be a good defense so I don't get a guilty verdict again? My dog is a mix of Jack Russell Terrior and Chihaua. If you're allowed to bring witnesses to the hearing, you may be required to provide their names and contact information in advance of the hearing. Appeal procedures require appeals to be filed within 10 days of notice and Nesbitt filed his appeal 11 days after notice, according to the zoning board’s findings of fact. Owners may appeal dangerous-dog decisions, usually in the local superior or municipal court. If you believe this is unjustified, you have seven days from the issue of this notice to write a letter of objection to the council. Some examples include: Evidence relating to identity. This site requires JavaScript. My dog has been off of her chain many times throughout the 4 years we’ve had her with no complaints. So, the police and animal control came and took Dude away for 10 tens quarantine. Typically this is your last chance to appeal. You are not allowed to sell, give away or otherwise transfer ownership of a proposed dangerous dog. Your city or county's agency may have a form you can fill out to request a hearing, or you may have to send in a letter. Building a special dangerous dog enclosure to house your dog. The exact charges depend on the circumstances of the attack, as outlined below: If the dog attacks and injures or kills another pet, it is a Class 2 misdemeanor. Particularly if you're facing an order that your pet be euthanized, it is advisable to hire an attorney to represent your interests and the interests of your pet. Your device internet browser may have it disabled. If the citation was issued as the result of a complaint from a private individual, typically that individual also must show up on the hearing date or the entire citation will be dismissed. Failure to comply with dangerous dog restrictions can lead to severe penalties, including fines and permanent disqualification from owning a dog. Read the ordinance you've been cited with violating carefully. A dangerous dog must be muzzled and on a lead whilst it is outside the owner's dwelling and the dog's enclosure. Mission Hills has changed its animal ordinances to give owners of dogs designated as “potentially dangerous” a way to appeal that decision or even to eventually get off the list. If the owner appeals against the declaration this requirement is stayed until the appeal is either withdrawn or determined. When in public, the dog must always be on a leash with a responsible person over the age of 18 holding the other end of the leash. Ohio Revised Code Section 955.11 defines “dangerous dog” as a dog that, without provocation, has caused injury, other than killing or serious injury, to any person; killed another dog; or been the subject of a third or subsequent violation of Ohio Revised Code 955.22(C). Keep in mind the clerk can answer procedural questions but cannot give you legal advice about your case. There are three broad issues that arise in criminal and "dog court" hearings: The first issue is which laws will be applied. We offer a Free First Conference with an Experienced Criminal Defence Lawyer who will advise you of the best way forward in your case. To you listening to other hearings before yours can give you an idea of what to expect at bottom... 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