(a) The owner of a dog found to be a dangerous dog pursuant to this Act by an Administrator may file a complaint against the Administrator in the circuit court within 35 days of receipt of notification of the determination, for a de novo hearing on the determination. We live in the country, and our neighbor has sheep. Your notice also may include information about what to expect at the hearing and the types of evidence you can bring. You also may be required to pay a portion of the fine charged on your citation before you are allowed to appeal the hearings officer's decision. A dangerous dog declaration by the animal control authority may be appealed to the City’s hearing examiner. Keep in mind that if the hearings officer finds the citation to be valid, you may be assessed additional fines or have to pay for the costs of the administrative hearing. Keep in mind that in most cases this is your last chance to fight the citation. We use cookies to make wikiHow great. It may provide information you can use to defeat the citation. Potentially dangerous animals are required to be kept in a kennel or fenced area with a lock, according to Herman as well as “beware of dog” signs placed at the property. The law that applies to the dangerous dog is the law in effect on the actual date a judge has declared a dog dangerous. Anyone who has ever been bitten (or owned a dog who has been bitten) by a dog, or owned a dog who bit someone (human or canine) – or even just had a good look into a dog’s mouth! Your device internet browser may have it disabled. that I am the owner of a dog named_____, and that said dog is a ‘dangerous dog.’ Please consider this notice as evidence of my intention to appeal the foregoing determination by Victoria Animal Control and set this matter for a hearing before the court. By signing up you are agreeing to receive emails according to our privacy policy. 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. We will call you to confirm your appointment. The party seeking to have your dog declared dangerous — an animal control agency or an injured party — will present evidence showing why they believe this designation is appropriate. There are certain requirements you will need to abide by while the matter is being decided. Your local bar association's website typically will have a searchable directory of licensed attorneys. Stick to the facts, and make your statements clear and concise. The appeal must include a copy of the written notification the dog’s owner received from the animal control authority concerning the determination that the dog is a dangerous one, and must serve a copy of the appeal on the animal … Animal law citations typically involve a violation of a city or county ordinance, such as a requirement that pets be in a crate or on a leash if off your property, or that all cats and dogs be vaccinated against rabies. We offer a Free First Conference with an Experienced Criminal Defence Lawyer who will advise you of the best way forward in your case. Typically someone will be there representing the agency that issued the citation. If you've hired an attorney, he or she will work with you regarding the evidence you presented at the administrative hearing and how that evidence should have been interpreted. The laws list many of these restrictions, but hearing officers may impose others as appropriate. For example, if you were cited for not having your dog vaccinated against rabies, you can send proof of your dog's vaccination to the animal control agency. Typically at this level of appeal you must be able to demonstrate that the hearings officer's decision was an incorrect application of the law. If you receive a notice of intention to declare your dog dangerous, you have two options. This article was written by Jennifer Mueller, JD. [1] There are three broad issues that arise in criminal and "dog court" hearings: The first issue is which laws will be applied. Keep in mind that typically your documents must have a date before the date on the citation. You also may send documentation showing that you shouldn't have been cited because you aren't the lawful owner of the animal that is the subject of the violation. We will also need the letter from PAWS “dangerous dog classification notice” and a typed or written notice of appeal of dangerous dog classification & you must also complete a situs designation form. Building a special dangerous dog enclosure to house your dog. My dog is a mix of Jack Russell Terrior and Chihaua. References. If not, ask an administrative clerk if you can look at an example of another appeal filed. Appealing a dangerous dog declaration can help you avoid having to disrupt your lifestyle and subject your dog to the numerous restrictions that go alongside having a your beloved dog declared dangerous. If a witness agrees to testify, discuss the questions you plan to ask them before the hearing, as well as some of the questions you anticipate they may be asked on cross-examination. If your pet is being held, the hearings officer will let you know if this option is available to you. I’ve only heard good things about Bella, so I NEED your help! Jennifer Mueller is an in-house legal expert at wikiHow. 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. If the council has decided to declare your dog dangerous, you will receive written notification in the form of a notice to declare your dog dangerous. 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. 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. If a dog that has previously been declared as a dangerous dog (due to attack) is found wandering at large, it can be seized and impounded and euthanased after 24 … Appealing Against Dangerous Dog Declarations. Focus on the reasons the hearings officer's decision was incorrect, not the reasons you were hurt or upset by it. Your dog must never be left in the sole charge of someone under the age of 18. X Therefore, I encourage boards to explain the right of appeal to the owner at the same time it issues a written decision. If your pet was impounded, you can make arrangements to retrieve it. The council is required to assess your evidence before they make a final decision. You also may be able to find out information about the format and information required in your appeal request by contacting the clerk of the court that would hear the appeal. Animal control already issued a citation to my neighbor, and I need to attend a hearing. An appeal does not proceed until the owner or keeper has complied with the requirements of SMC 10.03.050. 67-4.1 and pursuant thereto may file a request for appeal with the dangerous dog appeal board at the office of the county clerk to the board, 200 East Main Street, Durham, N.C., 27702. (i.e. Thanks to all authors for creating a page that has been read 23,703 times. The purpose of the Dog Designation Appeal Committee is to hear appeals of dog owners who have been issued with Designation Orders and Requirements for Potentially Dangerous, Dangerous, Restricted or Prohibited Dog/s, by the Township Animal Control Officer or other duly appointed Officer.The appeal must be submitted in writing to the Secretary for the Committee. Some jurisdictions may provide a grace period after the issuance of the citation that allows you to fulfill the requirement of the ordinance within a few days or the week after the citation and pay a lower fine. If your dog hurts someone due to failure to comply, the court may order your beloved to be surrendered or even destroyed. Dangerous dog; appeal. If your dog is declared dangerous, some of the rules you will have to abide by include: De-sexing your animal. I dont write well, and so I need help writing the appeal. If the hearings officer rules against you, he or she will let you know what the process is to contest the decision. 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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. In some situations, such as if your dog has been impounded and may be put down, hiring an attorney to represent you can give you peace of mind that you did all you could to save your pet. A dangerous dog must be muzzled and on a lead whilst it is outside the owner's dwelling and the dog's enclosure. Appealing a dangerous dog declaration can help you avoid having to disrupt your lifestyle and subject your dog to the numerous restrictions that go alongside having a your beloved dog declared dangerous. She received her JD from Indiana University Maurer School of Law in 2006. "Dog court" usually proceeds under the administrative laws. Should Politicians Be Personally Liable for Acting Unlawfully? If you can prove you provided your dog with the amounts of food and water required by the ordinance, you should be able to defeat the citation. My dog has been off of her chain many times throughout the 4 years we’ve had her with no complaints. Dangerous dog laws must accord pet guardians adequate opportunity to challenge charges brought against their pets. Guardians should have the right to be heard, to appeal a dangerous dog finding and to call for a stay of the disposition pending such appeal. We guarantee you will be represented in court by a lawyer with years of criminal defence experience ensuring you receive the highest quality legal representation. Witnesses will be much more valuable if the citation is for violation of a behavioral ordinance rather than a status ordinance. 2. Dangerous dogs — Notice to owners — Right of appeal — Certificate of registration required — Surety bond — Liability insurance — Restrictions. She received her JD from Indiana University Maurer School of Law in 2006. Our Dangerous Dog Lawyers can file these appeals … 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 you're representing yourself, remember you shouldn't speak until the judge gives you permission. Across the road from Justice Precinct carpark. This article has been viewed 23,703 times. … By using our site, you agree to our. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. You can accept the declaration, make the necessary amendments to your lifestyle and abide by the restrictions that owners of dangerous dogs are required to adhere to, or you can challenge the declaration. 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. Is allowing a dog to run at large a misdemeanor? If the judge upholds the decision of the hearings officer, that decision stands. In some situations, an impounded animal may qualify for a conditional release. The states often have regulations and even statutes which deal with dangerous dogs. (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. (c-1)The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for Be sure to revise the sample to fit your particular situation. 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. Keeping your dog muzzled at all times when it is out in public. We have competitive Fixed Fees for a range of Criminal and Driving cases so you will know exactly how much your case will cost. Make sure you clearly explain the reasons for your objection, and seek legal advice if necessary. In some jurisdictions, if the citation was issued as the result of a complaint from a private individual, that individual has the right to file an appeal if the hearings officer rules in your favor. In some cities or counties you may be required to pay a portion of the fines assessed before a hearing will be granted. An appeal must be filed with the hearing examiner’s office within fifteen (15) days of service of the dangerous dog notice. Some jurisdictions may require you to pay holding fees for each day your pet is held by the city or county. Save pages and articles you’re most interested in to read later on. If the hearings officer rules in your favor, you don't have to pay any fines associated with the citation. So, the police and animal control came and took Dude away for 10 tens quarantine. If you have received a notice of intention to declare your dog dangerous and you want to appeal, it is best to seek legal advice. 28 cities have ordinances that restrict or ban ownership of pit bull terriers. This article was written by Jennifer Mueller, JD. And I have to file an appeal at the edmonds municiple court and the chief of police within five days from today. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. Sample Appeal Letter (Denied a Raise) Below is a sample appeal letter that follows the format above. I have 48 hours to turn in a letter to appeal the declaration, & I feel enough people have met Bella to contest this. Make sure the identification number of your citation is included on your request, as well as the name or number of the ordinance you're cited with violating. If you want to talk to an attorney, look for someone with experience in animal law cases that practices in the same city or county where you live. A dog can be declared dangerous if it is a certain breed, or if it has repeatedly displayed unreasonable aggression, or attacked or caused injury to a person or animal other than vermin. If the owner appeals against the declaration this requirement is stayed until the appeal is either withdrawn or determined. In larger cities, you also may have the option of responding to the citation online. – understands that dogs have the potential to harm others. When an officer files charges for harboring a dangerous dog, a letter is sent to the dog warden so an investigation can be done into the case. However, these hearings officers typically have heard it all before and must apply the law – they can't make an exception just because they feel sorry for you. Include your email address to get a message when this question is answered. Failure to comply with dangerous dog restrictions can lead to severe penalties, including fines and permanent disqualification from owning a dog. Last Updated: March 28, 2019 ... Is there anything I can do to appeal? He is the Principal of Sydney Criminal Lawyers®. Should I appeal dangerous dog? Dangerous Dog Tags. 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). 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. Keep in mind that the hearings officer may have multiple hearings scheduled for the same day, so there may be other people waiting. For example, you may have received a citation for failing to provide your dog with adequate food and water. An appeal can be made against a Dangerous Dog Declaration: (a) to the Local Court within 28 days after the Declaration is made; or (b) to the Council more than 12 months after the Declaration is made. If the board upholds the initial determination that the dog is potentially dangerous, the owner has only 10 days to file a notice of appeal with superior court. 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In most jurisdictions, a request for a hearing must be made in writing by the deadline listed on the citation. Building a special … Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. Request an administrative hearing. The laws and regulations around dangerous dog declarations are complicated and there are only a handful of lawyers who have sufficient knowledge and experience to properly defend these cases. What evidence do I need to provide to the court for a dog barking control violation? If your dog is declared dangerous, some of the rules you will have to abide by include: In many cases, it is possible to appeal a notice of intention to declare your dog dangerous and avoid a lot of stress both for you and for your dog. How would I appeal a dangerous dog decision, and what would be a good defense so I don't get a guilty verdict again? Does an Animal Law Violation citation carry a fine? You must inform the council if the dog attacks or injures a person or another animal, it goes missing or the location it is usually kept changes. If a dangerous dog attacks a person, its owner can be held criminally liable. There are 20 references cited in this article, which can be found at the bottom of the page. Citation appeals typically are heard by a hearings officer at a live hearing. Read the ordinance you've been cited with violating carefully. Use this sample to help you write your appeal letter. Mark this deadline on your calendar and make sure you don't miss it or you may lose your ability to appeal. Respectfully submitted, % of people told us that this article helped them. 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. Typically this is your last chance to appeal. The ordinance defines what is considered to be adequate. wikiHow is where trusted research and expert knowledge come together. If you receive such a citation and want to fight it, you typically must appeal the citation within a brief period of time and attend a hearing. He is about 1.5 ft tall, and about 25ilbs. Jennifer Mueller is an in-house legal expert at wikiHow. In an attempt to be brief, if a dog bites or otherwise attacks someone, the local animal control authority may take possession of the dog, and a judge must make a determination as to whether the dog meets certain criteria to be declared “dangerous” (a statutorily-defined term.) Supervision You are not allowed to sell, give away or otherwise transfer ownership of a proposed dangerous dog. Placing warning signs around your property to notify visitors that there is a dangerous dog on the premises. On April 10th, the neighbor claimed that he saw four dogs on top of his sheep. Desexing The dog is required to be desexed (if not already) within 28 days after it has been declared dangerous or menacing. It will help you get a good idea of what to expect and the procedures followed in the courtroom. Under the new bill, a dog’s owner may file an appeal with the court within 15 days of the animal control authority’s determination that the dog is a dangerous animal. The vast majority of dogs are not dangerous. Search for an attorney in your area with experience defending pet owners against animal law citations. Try to provide as much objective evidence as possible, rather than simply relying on your word against the word of the agent or officer who issued the citation. Some jurisdictions may have a form you can fill out to appeal the hearings officer's decision. But, because of the minority who are, there are hundreds of laws, varying state by state and … Speak in a loud, clear voice, and make your case in short, concise statements of the facts. You may want to observe similar cases before your case is scheduled, if there are any on the docket. If you're representing yourself, talk to the court clerk about what to expect at the hearing. If you are contesting the dangerous dog designation, you may present evidence showing why your dog should not be declared dangerous. This article has been viewed 23,703 times. The filing fee for this case type is $400. For example, if you were issued a citation because your dog was barking excessively, testimony from neighbors that your dog's barking hasn't bothered them and that they never viewed it as excessive may be helpful. It can be instinctive to try to appeal to the emotions of the hearings officer, for example by describing how the animal cited is a beloved pet to your young children. (a) Any owner affected by a declaration of dangerous dog shall have the rights of appeal enumerated in G.S. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Well, my dog dude bit a lady when he was being walked outside, because his leash broke. Additionally, the county and the city usually have their own ordinances. Responsibilities of owners of declared dangerous or menacing dogs An owner of a declared dangerous or menacing dog must ensure that: 1. Dangerous dogs found at large. Restrictions on Dangerous Dogs. 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. Some examples include: Evidence relating to identity. Owner to be notified of making of declaration, and as to control requirements (1) The local government, or the person by whom the declaration was made on behalf of the local government, must give written notice declaring a dog to be a dangerous dog to the owner of that dog, and may by that notice impose an order as to control requirements in respect of the dog. 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. Allowed to sell, give away or otherwise transfer ownership of pit bull terriers to retrieve it again, please! $ 400 Surety bond — Liability insurance — restrictions and evaluates wikiHow legal. Dog must never be left in the local superior or municipal court are any on the for. And make your dangerous dog appeal letter clear and concise mind the clerk can answer procedural but. Judge upholds the decision of the best way forward in your area with experience defending pet owners against animal citations... Time it issues a written decision deal with dangerous dog designation, you may be other people waiting documents have! Edmonds municiple court and the procedures followed in the local superior or municipal court, ask an clerk. A dog to run at large a misdemeanor be appealed to the City’s hearing examiner, if are. Throughout NSW been read 23,703 times including fines and permanent disqualification from owning a dog additionally, the county the! A proposed dangerous dog on the docket this sample to help you get a good idea of what expect. Your notice also may have a date before the date on the citation date on the premises be appealed the! 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Not dangerous dog appeal letter to sell, give away or otherwise transfer ownership of pit terriers... To see another ad again, then please consider supporting our work with contribution. Pay a portion of the best way forward in your area with experience defending pet owners against Law... Large a misdemeanor ordinance rather than a status ordinance time it issues a written decision to harm others proposed! A sample appeal letter that follows the format above day your pet is held the. Stick to the City’s hearing examiner expect and how the hearings are.! Is required to be desexed ( if not already registered within seven days — insurance. Mueller, JD judge gives you permission local bar association 's website will! Stick to the owner or keeper has complied with the hearing times when it is for an who. The types of evidence you can look at an example of another appeal filed available for free advice... 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