A. An animal control officer, the Code Enforcement Officer, or any police officer shall have the authority to determine, based on probable cause, that a pet animal or working dog is potentially dangerous or dangerous. The Parachute Municipal Court, based upon a preponderance of the evidence at a trial for a violation of this chapter shall also have the authority to determine sua sponte that a pet animal or working dog is potentially dangerous or dangerous.

B. Written notice of a pet animal’s classification under subsection (A) of this section shall be served on the owner or the responsible person of the animal at the owner’s or responsible person’s last known address. The notice shall describe the animal, state the grounds for its classification, and state the restrictions applicable to such pet animal by reason of its classification. If the determination is made by the animal control or Code Enforcement Officer or a police officer, the notice shall also state that, if a written request for an administrative hearing is filed with the Clerk of the Municipal Court within fourteen (14) days after receipt of the notice, an administrative hearing will be conducted to review the classification of the pet animal. The right to an administrative hearing shall be deemed waived if not timely requested. There is no right to an administrative hearing if the classification of the pet animal has been determined by the Court.

C. The notice referred to in subsection (B) of this section shall be given either by personal delivery to the owner or responsible person or by registered or certified mail, return receipt requested, addressed to the owner or responsible person at the person’s last known address. Notice by personal delivery shall be complete upon delivery and the receipt or upon return of the notice as undeliverable, refused, or unclaimed.

D. All administrative hearings held under this section shall be heard by the Municipal Judge at the next regular Court date. The burden of proof shall be on the owner or responsible person to show cause as to why the animal’s behavior does not support the designation of dangerous or potentially dangerous animal. The classification shall be determined based upon the preponderance of the evidence. The Judge shall not be required to file a full opinion or make formal findings of fact or conclusions of law, and the rules of evidence shall not apply to the hearing, but the Judge must state the reasons for the determination, and indicate the evidence relied upon. Such determination shall be made no later than seventy-two (72) regular business hours after the close of the hearing. The proceedings at the hearing shall be recorded and retained for a reasonable period of time.

E. The Judge shall first determine if that classification is proper. If the Judge determines that the animal was improperly classified as dangerous, the Judge shall then determine if the animal is potentially dangerous. Should the Judge determine that the pet animal is potentially dangerous, the owner or person responsible shall comply with the requirements of this chapter applicable to potentially dangerous animals.

F. During the pendency of any hearing and any appeal therefrom on the classification of a potentially dangerous pet animal, the Town may require that the animal be kept securely confined on the premises of the owner or responsible person, or other acceptable location as determined by the officer.

G. During the pendency of any hearing and any appeal therefrom on the designated classification of a pet animal as dangerous, the pet animal shall be quarantined at the Town’s designated animal shelter at the owner’s or responsible person’s expense.

H. Should the Judge determine that the pet animal is neither dangerous nor potentially dangerous, no costs shall be charged for quarantine of the pet animal during pendency of the hearing. (Ord. 581 §2, 2007)