(1) The animal control officer shall issue a notice of potential declaration to the owner of the dog following the guidelines of service found at ECMC 6.08.090. Said notice will include an opportunity for the owner to discuss the action in writing or orally with the animal control officer within 14 calendar days of receipt of the notice.

(2) After the discussion or the 14-day period, whichever comes first, the animal control officer shall issue a final decision in the form of either a final declaration or a letter of no finding.

(3) If the dog has been impounded due to its actions, such impoundment shall continue during the pendency of the above procedure. The owner shall be responsible for the cost of impoundment regardless of the outcome of the action. If the dog is not impounded, the owner shall keep the dog indoors or in a proper enclosure or under the restraint required by ECMC 6.08.120(3). If the owner fails to keep the dog indoors or in a proper enclosure or under the restraint required by ECMC 6.08.120(3), an animal control officer may impound the dog at the owner’s expense during the pendency of the above procedure.

(4) The municipal court in an appeal pursuant to this chapter can take note of and consider the owner’s failure to discuss the action with the animal control officer or failure to raise any and all defenses at the discussion with the animal control officer. (Ord. 547 § 1, 2019)