§ 4-13.1-11 - Determination of a vicious dog.
SECTION 4-13.1-11
§ 4-13.1-11 Determination of a viciousdog. – (a) In the event that the dog officer or law enforcement officer has probablecause to believe that a dog is vicious, the chief dog officer or his or herimmediate supervisor or the chief of police, or his or her designee, isempowered to convene a hearing for the purpose of determining whether or notthe dog in question should be declared vicious. The dog officer or chief ofpolice shall conduct or cause to be conducted an investigation and shall notifythe owner or keeper of the dog that a hearing will be held, at which time he orshe may have the opportunity to present evidence why the dog should not bedeclared vicious. The hearing shall be held promptly within no less than five(5) nor more than ten (10) days after service of notice upon the owner orkeeper of the dog while said notice shall be served upon the owner. The hearingshall be informal and shall be open to the public. The hearing shall beconducted by a panel of three (3) persons which shall consist of the chief ofpolice or his or her designee, the executive director of the society for theprevention of cruelty to animals (S.P.C.A.) or his or her designee, and aperson chosen by the chief of police and the executive director of the S.P.C.A.All members of the panel shall have one vote in making a determination whetheror not the dog in question is vicious. Hearing officers shall have immunity.
(b) After the hearing, the owner or keeper of the dog shallbe notified in writing of the determination. If a determination is made thatthe dog is vicious, the owner or keeper shall comply with this chapter inaccordance with a time schedule established by the dog officer or chief ofpolice, but in no case more than thirty (30) days subsequent to the date of thedetermination. If the owner or keeper of the dog contests the determination, heor she may, within five (5) days of that determination, bring a petition in thedistrict court within the judicial district where the dog is owned or kept,praying that the court conduct its own hearing on whether or not the dog shouldbe declared vicious. After service of notice upon the dog officer, the courtshall conduct a hearing de novo and make its own determination as toviciousness. The hearing shall be conducted within seven (7) days of theservice of the notice upon the dog officer or law enforcement officer involved.The issue shall be decided upon the preponderance of the evidence. If the courtrules the dog to be vicious, the court may establish a time schedule to insurecompliance with this chapter, but in no case more than thirty (30) dayssubsequent to the date of the court's determination. If the owner has notcomplied with the provisions of this chapter at the end of thirty (30) daysfrom the written notification that the dog is vicious, the dog may beeuthanized.
(c) The court may decide all issues for or against the owneror keeper of the dog regardless of the fact that the owner or keeper fails toappear at the hearing.
(d) The determination of the district court shall be finaland conclusive upon all parties. The dog officer or any law enforcement officershall have the right to convene a hearing under this section for any subsequentactions of the dog.
(e) In the event that the dog officer or law enforcementofficer has probable cause to believe that the dog in question is vicious andmay pose a threat of serious harm to human beings or other domestic animals,the dog officer or law enforcement officer may seize and impound the dogpending the hearings. The owner or keeper of the dog is liable to the city ortown where the dog is impounded for the costs and expenses of keeping the dog.The city or town council may establish by ordinance a schedule of those costsand expenses.