HomeMy WebLinkAboutOrd. 19-003Ordinance 19-003
An Ordinance establishing an Appeal Procedure for Dogs declared to be
Biting or Vicious in the City of Brookings, South Dakota.
Be It Ordained by the governing body of the City of Brookings, South Dakota, as
follows:
Sec. 14-129. Appeal Permitted.
(a) Any party who is aggrieved by any action or decision of an Animal Control Officer
to declare a dog as biting, dangerous or vicious may appeal the decision. The party who
wishes to appeal is referred to as the "appellant." An independent hearing examiner,
who must be a member in good standing of the State Bar of South Dakota, shall be
assigned to hear the appeal.
(b) Appeals shall be commenced by filing a written notice of appeal either in person or
postmarked within 15 days of the decision. The written notice of appeal shall be printed
legibly or typed and contain the following information:
The reasons the appellant believes the decision is objectionable, incorrect or
illegal;
2. The type of claim or dispute involved and the time during which it accrued or
occurred;
3. The name, address and telephone number of the appellant;
4. The number of the citation being appealed, if applicable;
5. A statement indicating whether the appellant desires the administrative appeal
hearing to be open or closed to the public. All administrative appeal hearings are
presumed to be open to the public. If either party requests a hearing that is
closed to the public, the party requesting the closed hearing must present good
cause to the hearing examiner that the public interest in having an open hearing
is outweighed by the privacy interest involved in a particular case or that a closed
hearing is legally required based upon the nature of the evidence to be presented
at the administrative appeal hearing;
6. If the appellant is to be represented by a legal representative, the name, address
and telephone number of the representative; and
7. The signature of the appellant, legal representative and/or corporate agent.
(c) There shall be no fee to file an appeal. Compliance with the above time limit and
notice of appeal information requirements shall be jurisdictional prerequisites to any
appeal. Failure to comply with any of these requirements shall be deemed to waive the
right to a hearing.
(d) If the appellant complies with the jurisdictional requirements for an appeal, then the
city will take no further action to enforce the decision until the hearing examiner renders
a final decision. However, the provisions for prior notice and hearing may be dispensed
with when, in the opinion of the Animal Control Officer, immediate action is necessary to
summarily abate a dangerous condition on public or private property or there is an
imminent threat to life or safety on public or private property. The Animal Control Officer
shall take only such action as is reasonably necessary to summarily abate the danger,
and then the city will take no further action to enforce the decision until the hearing
examiner renders a final decision.
(e) The Animal Control Officer, or his or her designee, shall immediately deliver a copy
of the appeal to the city attorney who will act as the City's legal counsel.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: March 26, 2019
Second Reading: April 23, 2019
Published: April 26, 2019
L
CR- V <5s,-r"V `
r, Acting City Clerk
CITY OF BROOKINGS, SD
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Keith W. Corbett, Mayor