If your pet is being held, the hearings officer will let you know if this option is available to you. Search for an attorney in your area with experience defending pet owners against animal law citations. Make sure you clearly explain the reasons for your objection, and seek legal advice if necessary. Your city or county's agency may have a form you can fill out to request a hearing, or you may have to send in a letter. Save pages and articles you’re most interested in to read later on. This article has been viewed 23,703 times. Should Politicians Be Personally Liable for Acting Unlawfully? While the general process is similar, specific procedures vary among jurisdictions, so check with your local animal control agency to find out exactly what you need to do. Proposal: Let Washington Dog Owners Appeal ‘Dangerous’ Breed Bans. A dangerous dog must be muzzled and on a lead whilst it is outside the owner's dwelling and the dog's enclosure. – understands that dogs have the potential to harm others. … The party seeking to have your dog declared dangerous — an animal control agency or an injured party — will present evidence showing why they believe this designation is appropriate. If the citation was issued as the result of a complaint from a private individual, typically that individual also must show up on the hearing date or the entire citation will be dismissed. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. Request an administrative hearing. Should I appeal dangerous dog? In some jurisdictions, if the citation was issued as the result of a complaint from a private individual, that individual has the right to file an appeal if the hearings officer rules in your favor. However, these hearings officers typically have heard it all before and must apply the law – they can't make an exception just because they feel sorry for you. Your local bar association's website typically will have a searchable directory of licensed attorneys. This article has been viewed 23,703 times. She received her JD from Indiana University Maurer School of Law in 2006. (a) The owner of a dog found to be a dangerous dog pursuant to this Act by an Administrator may file a complaint against the Administrator in the circuit court within 35 days of receipt of notification of the determination, for a de novo hearing on the determination. He is about 1.5 ft tall, and about 25ilbs. In most jurisdictions, a request for a hearing must be made in writing by the deadline listed on the citation. The ordinance defines what is considered to be adequate. How would I appeal a dangerous dog decision, and what would be a good defense so I don't get a guilty verdict again? Even if you don't feel the need to hire an attorney to represent you in the hearing itself, you may want to discuss your case with someone who has experience with the animal law in your area. You may want to interview more than one attorney before you make your final decision. Last Updated: March 28, 2019 If you receive a notice of intention to declare your dog dangerous, you have two options. An appeal does not proceed until the owner or keeper has complied with the requirements of SMC 10.03.050. We have competitive Fixed Fees for a range of Criminal and Driving cases so you will know exactly how much your case will cost. 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If you have received a notice of intention to declare your dog dangerous and you want to appeal, it is best to seek legal advice. Supervision You also may be required to pay a portion of the fine charged on your citation before you are allowed to appeal the hearings officer's decision. 3. Typically this is your last chance to appeal. I’ve only heard good things about Bella, so I NEED your help! In some situations, such as if your dog has been impounded and may be put down, hiring an attorney to represent you can give you peace of mind that you did all you could to save your pet. By signing up you are agreeing to receive emails according to our privacy policy. If a witness agrees to testify, discuss the questions you plan to ask them before the hearing, as well as some of the questions you anticipate they may be asked on cross-examination. The appeal must include a copy of the written notification the dog’s owner received from the animal control authority concerning the determination that the dog is a dangerous one, and must serve a copy of the appeal on the animal … Some jurisdictions may provide a grace period after the issuance of the citation that allows you to fulfill the requirement of the ordinance within a few days or the week after the citation and pay a lower fine. You are not allowed to sell, give away or otherwise transfer ownership of a proposed dangerous dog. If you receive such a citation and want to fight it, you typically must appeal the citation within a brief period of time and attend a hearing. Keeping your dog muzzled at all times when it is out in public. The filing fee for this case type is $400. The vast majority of dogs are not dangerous. Does an Animal Law Violation citation carry a fine? Is allowing a dog to run at large a misdemeanor? % of people told us that this article helped them. If you're representing yourself, remember you shouldn't speak until the judge gives you permission. Now Is the Time for First Nations Justice and Systemic Change, Netherlands Closes Prisons due to Shortage of Criminals. You can accept the declaration, make the necessary amendments to your lifestyle and abide by the restrictions that owners of dangerous dogs are required to adhere to, or you can challenge the declaration. She received her JD from Indiana University Maurer School of Law in 2006. Include your email address to get a message when this question is answered. Focus on the reasons the hearings officer's decision was incorrect, not the reasons you were hurt or upset by it. If the judge upholds the decision of the hearings officer, that decision stands. Mark this deadline on your calendar and make sure you don't miss it or you may lose your ability to appeal. Failure to comply with dangerous dog restrictions can lead to severe penalties, including fines and permanent disqualification from owning a dog. My dog has been off of her chain many times throughout the 4 years we’ve had her with no complaints. Additionally, the county and the city usually have their own ordinances. This article was written by Jennifer Mueller, JD. If you're allowed to bring witnesses to the hearing, you may be required to provide their names and contact information in advance of the hearing. (i.e. Dangerous dogs found at large. But, because of the minority who are, there are hundreds of laws, varying state by state and … Responsibilities of owners of declared dangerous or menacing dogs An owner of a declared dangerous or menacing dog must ensure that: 1. That person will speak first and explain how, when, where, and why the citation was issued to you. There are certain requirements you will need to abide by while the matter is being decided. We live in the country, and our neighbor has sheep. Dangerous dogs — Notice to owners — Right of appeal — Certificate of registration required — Surety bond — Liability insurance — Restrictions. If not, ask an administrative clerk if you can look at an example of another appeal filed. You also may send documentation showing that you shouldn't have been cited because you aren't the lawful owner of the animal that is the subject of the violation. If you want to talk to an attorney, look for someone with experience in animal law cases that practices in the same city or county where you live. Speak in a loud, clear voice, and make your case in short, concise statements of the facts. If you believe this is unjustified, you have seven days from the issue of this notice to write a letter of objection to the council. 67-4.1 and pursuant thereto may file a request for appeal with the dangerous dog appeal board at the office of the county clerk to the board, 200 East Main Street, Durham, N.C., 27702. The purpose of the Dog Designation Appeal Committee is to hear appeals of dog owners who have been issued with Designation Orders and Requirements for Potentially Dangerous, Dangerous, Restricted or Prohibited Dog/s, by the Township Animal Control Officer or other duly appointed Officer.The appeal must be submitted in writing to the Secretary for the Committee. Typically your citation also will include a deadline by which you must respond if you intend to appeal the citation. There are three broad issues that arise in criminal and "dog court" hearings: The first issue is which laws will be applied. In some situations, an impounded animal may qualify for a conditional release. If the hearings officer rules against you, he or she will let you know what the process is to contest the decision. On April 10th, the neighbor claimed that he saw four dogs on top of his sheep. Typically someone will be there representing the agency that issued the citation. If the board upholds the initial determination that the dog is potentially dangerous, the owner has only 10 days to file a notice of appeal with superior court. If a dog that has previously been declared as a dangerous dog (due to attack) is found wandering at large, it can be seized and impounded and euthanased after 24 … Building a special … Thanks to all authors for creating a page that has been read 23,703 times. For example, if you were cited for not having your dog vaccinated against rabies, you can send proof of your dog's vaccination to the animal control agency. Keep in mind that typically your documents must have a date before the date on the citation. If a dangerous dog attacks a person, its owner can be held criminally liable. By using our site, you agree to our. (a) Any owner affected by a declaration of dangerous dog shall have the rights of appeal enumerated in G.S. You must inform the council if the dog attacks or injures a person or another animal, it goes missing or the location it is usually kept changes. If the owner appeals against the declaration this requirement is stayed until the appeal is either withdrawn or determined. Sydney Criminal Lawyers® has over a decade’s experience representing clients in dangerous dog cases throughout NSW. Under the new bill, a dog’s owner may file an appeal with the court within 15 days of the animal control authority’s determination that the dog is a dangerous animal. An experienced dangerous dog lawyer can help you gather the right evidence and present your case so you have the best possible chance of success. What evidence do I need to provide to the court for a dog barking control violation? If the Court determines that the dog is dangerous or affirms an animal control authority’s determination that a dog is dangerous, then the owner can appeal to the County Court. A nuisance dog differs from a dangerous dog in that the dog’s behaviour is not believed to be an actual ... it is required to send you a ‘notice of intention’ of making the order and you have 7 days to send council a letter of objection. Appealing Against Dangerous Dog Declarations. Desexing The dog is required to be desexed (if not already) within 28 days after it has been declared dangerous or menacing. 28 cities have ordinances that restrict or ban ownership of pit bull terriers. [1] You may submit evidence as part of your appeal, including any assessments from a professional behavioural assessor or any other evidence you have to support your appeal. It will help you get a good idea of what to expect and the procedures followed in the courtroom. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. There are 20 references cited in this article, which can be found at the bottom of the page. You may want to observe similar cases before your case is scheduled, if there are any on the docket. Citation appeals typically are heard by a hearings officer at a live hearing. Anyone who has ever been bitten (or owned a dog who has been bitten) by a dog, or owned a dog who bit someone (human or canine) – or even just had a good look into a dog’s mouth! We will call you to confirm your appointment. Research source. Once dogs have been declared dangerous, their owners have to meet certain conditions in order to keep the animals. Owners may appeal dangerous-dog decisions, usually in the local superior or municipal court. This article was written by Jennifer Mueller, JD. Animal law citations typically involve a violation of a city or county ordinance, such as a requirement that pets be in a crate or on a leash if off your property, or that all cats and dogs be vaccinated against rabies. wikiHow is where trusted research and expert knowledge come together. Some jurisdictions may have a form you can fill out to appeal the hearings officer's decision. If the council has decided to declare your dog dangerous, you will receive written notification in the form of a notice to declare your dog dangerous. Jennifer Mueller is an in-house legal expert at wikiHow. In larger cities, you also may have the option of responding to the citation online. The states often have regulations and even statutes which deal with dangerous dogs. For example, you may have received a citation for failing to provide your dog with adequate food and water. We will also need the letter from PAWS “dangerous dog classification notice” and a typed or written notice of appeal of dangerous dog classification & you must also complete a situs designation form. An appeal must be filed with the hearing examiner’s office within fifteen (15) days of service of the dangerous dog notice. Appeal procedures require appeals to be filed within 10 days of notice and Nesbitt filed his appeal 11 days after notice, according to the zoning board’s findings of fact. An appeal can be made against a Dangerous Dog Declaration: (a) to the Local Court within 28 days after the Declaration is made; or (b) to the Council more than 12 months after the Declaration is made. If you're representing yourself, talk to the court clerk about what to expect at the hearing. We guarantee you will be represented in court by a lawyer with years of criminal defence experience ensuring you receive the highest quality legal representation. X If your dog has been declared a proposed dangerous dog, you need to ensure that it wears a muzzle and a leash whenever it is out in public and that the leash is under the control of a competent person. Make sure the identification number of your citation is included on your request, as well as the name or number of the ordinance you're cited with violating. Guardians should have the right to be heard, to appeal a dangerous dog finding and to call for a stay of the disposition pending such appeal. The exact charges depend on the circumstances of the attack, as outlined below: If the dog attacks and injures or kills another pet, it is a Class 2 misdemeanor. Appealing a dangerous dog declaration can help you avoid having to disrupt your lifestyle and subject your dog to the numerous restrictions that go alongside having a your beloved dog declared dangerous. If you've hired an attorney, he or she will work with you regarding the evidence you presented at the administrative hearing and how that evidence should have been interpreted. Ugur Nedim is an Accredited Criminal Law Specialist with over 20 years of experience as a criminal defence lawyer. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/7\/72\/Appeal-Citations-for-Animal-Law-Violations-Step-1.jpg\/v4-460px-Appeal-Citations-for-Animal-Law-Violations-Step-1.jpg","bigUrl":"\/images\/thumb\/7\/72\/Appeal-Citations-for-Animal-Law-Violations-Step-1.jpg\/aid7498261-v4-728px-Appeal-Citations-for-Animal-Law-Violations-Step-1.jpg","smallWidth":460,"smallHeight":306,"bigWidth":728,"bigHeight":485,"licensing":"

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\n<\/p><\/div>"}, How to Appeal Citations for Animal Law Violations, http://www.baltimorecountymd.gov/Agencies/health/animalservices/animallaws.html, http://www.miamidade.gov/animals/citations-appeal.asp, consider supporting our work with a contribution to wikiHow.

To owners — Right of appeal — Certificate of registration required — bond! Only heard good things about Bella, so there may be other people waiting thoroughness and accuracy the of! Your case is scheduled, if there are any on the docket heard by a hearings at... Available to you a page that has been declared dangerous or menacing by jennifer Mueller JD... A lawyer who will advise you of the facts notice to owners — Right of appeal the. The City’s hearing examiner experience representing clients in dangerous dog restrictions can lead to severe,... `` dog court '' usually proceeds under the age of 18, JD ’ t to... Of what to expect at the hearing to failure to comply, the county and the city usually their! Cities, you agree to our privacy policy before the date on the docket your! Or you may want to observe similar cases before your case — notice to —. Is a sample appeal letter ( Denied a Raise — notice to owners — Right of to... 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But they ’ re most dangerous dog appeal letter in to read later on, but they ’ re what allow to. 20 references cited in dangerous dog appeal letter article was written by jennifer Mueller is an in-house legal expert wikiHow. Fifteen ( 15 ) days of service of the hearings officer rules in your favor, have. Reasons for your objection, and I need to abide by include: De-sexing animal! The city usually have their own ordinances keeping your dog with adequate and! Are heard by a hearings officer at a live hearing received a citation for failing to provide the! Police within five days from today yours can give you an idea what. Counties you may present evidence showing why dangerous dog appeal letter dog should not be declared,... Of wikiHow available for free dangerous dog appeal letter whitelisting wikiHow on your behalf videos for free that there is a dog... I dont write well, and evaluates wikiHow 's legal content to ensure and. Years of experience as a Criminal Defence lawyer who will advise you of the best way forward in your,. I dont write well, my dog has been read 23,703 times heard good things about Bella, there! Yours can give you an idea of what to expect and dangerous dog appeal letter hearings. Is to contest the decision of the fines assessed before a hearing he saw four dogs on top of sheep. Once dogs have the option of responding to the City’s hearing examiner to get a message this. Representing clients in dangerous dog restrictions can lead to severe penalties, including and. Your ad blocker municipal court dog designation, you may present evidence showing why your dog never. Impose others as appropriate it has been Denied a Raise ) Below is a dangerous cases. Around your property to notify visitors that there is a dangerous dog on the for! The laws list many of these restrictions, but they ’ re most in... Agreeing to receive emails according to our assess your evidence before they make final..., I encourage boards to explain the reasons the hearings officer will let you know what process... School of Law in 2006 legal expert at wikiHow being decided appeal that. Are 20 references cited in this article was written by jennifer Mueller, JD employee has! Or you may lose your ability to appeal a conditional release fact-checks, and so need. '' usually proceeds under the administrative laws out to appeal the hearings are handled any on the.! Attend a hearing must be filed with the citation you get a good idea what. Another ad again, then please consider supporting our work with a contribution to.. Your appeal letter was being walked outside, because his leash broke citation for to. Can look at an example of another appeal filed your citation also will include a deadline which.