5-7-20: APPEAL PROCEDURE FOR AFFECTED PERSONS:

If an Animal Control Officer determines a dog to be At-Risk or Dangerous, the Animal Control Officer or Agency shall notify the dog owner of the determination. The results of the investigation will be reported to the Animal Control Agency and to the dog owner. The dog owner has the option of filing an appeal with the district court. Such appeal shall be within ten (10) days of the designation as an At-Risk or Dangerous dog. Depending on the circumstances, the dog may be impounded pending disposition of the case. The hearing procedures shall be governed by the Idaho Rules of Civil Procedure with the burden of proof on the owner of the dog to show the dog should not be classified as Dangerous or At-Risk.

   A.   Destruction of Dangerous Dog:

      1.   If the court finds the dog is Dangerous, then the court may order the Owner to comply with restrictions set out by the Animal Control Agency, or such dog shall be subject to destruction by the Animal Control Agency. Upon request of the owner, the dog's remains shall be provided to the owner within five (5) days of destruction.

      2.   If the court finds that the dog is not At-Risk or Dangerous as defined in this Chapter, such dog may be released to the custody of the owner upon payment of any outstanding impoundment fees. (Ord. 945, 1-24-2023)