§ 5-102. Investigations and determination.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Animal shelter shall have the same meaning as set forth in O.C.G.A. Section 4-14-2.

Mail means to send by certified mail or statutory overnight delivery to the recipient's last known address.

(b)

Upon receiving a report of a dog believed to be subject to classification as a dangerous dog or vicious dog within a dog control officer's jurisdiction, the dog control officer shall make such investigations as necessary to determine whether such dog is subject to classification as a dangerous dog or vicious dog.

(c)

When a dog control officer determines that a dog is subject to classification as a dangerous dog or vicious dog, the dog control officer shall mail a dated notice to the dog's owner within seventy-two (72) hours. The notice shall provide a form for requesting the hearing before the hearing officer and shall state that if a hearing is not requested within the allotted time, the dog control officer's determination shall become effective for all purposes under this division. If an owner cannot be located within ten (10) days of a dog control officer's determination that a dog is subject to classification as a dangerous dog or vicious dog, such dog may be released to an animal shelter or humanely euthanized, as determined by the dog control officer.

(d)

When a hearing is requested by a dog owner in accordance with this section, such hearing shall be scheduled within thirty (30) days after the request is received; provided, however, that such hearing may be continued by the hearing officer for good cause shown. At least ten (10) days prior to the hearing, the authority conducting the hearing shall mail to the dog owner written notice of the date, time, and place of the hearing. At the hearing, the dog owner shall be given the opportunity to testify and present evidence and the hearing officer conducting the hearing shall receive other evidence and testimony as may be reasonably necessary to sustain, modify, or overrule the dog control officer's determination.

(e)

Within ten (10) days after the hearing, the hearing officer shall mail written notice to the dog owner of its determination on the matter. If such determination is that the dog is a dangerous dog or a vicious dog, the notice of classification shall specify the date upon which that determination shall be effective. If the determination is that the dog is to be euthanized pursuant to O.C.G.A. Section, 4-8-26, the notice shall specify the date by which the euthanasia shall occur.

(f)

Judicial review of the hearing officer's final decision may be had in accordance with O.C.G.A. Section 15-9-30.9.

(Ord. No. 17-01, § 2, 4-20-2017)