§ 8-61. Notice to owners.

(a)

Required; contents. When an animal control officer classifies a dog as a dangerous or potentially dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the animal control officer shall notify the dog's owner. The notice shall meet the following requirements:

(1)

The notice shall be in writing and mailed by certified mail to the owner's last known address;

(2)

The notice shall include a summary of the animal control officer's findings that formed the basis for the dog's classification as a dangerous or potentially dangerous dog;

(3)

The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has the right to request a hearing on the animal control officer's determination that the dog is a dangerous or potentially dangerous dog;

(4)

The notice shall state that the hearing, if requested, shall be before the animal control hearing board;

(5)

The notice shall state that if a hearing is not requested, the animal control officer's determination that the dog is a dangerous or potentially dangerous dog will become effective for all purposes on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and

(6)

The notice shall include a form to request a hearing before the animal control hearing board and shall provide specific instructions on mailing or delivering such request to the board.

(b)

Hearing. When the animal control hearing board receives a request for a hearing, as provided in this section, it shall schedule such hearing within 30 days after receiving the request. The hearing board will notify the dog owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence, and, in addition thereto, the hearing board shall receive such other evidence and hear such other testimony as the hearing board may find reasonably necessary to make a determination either to sustain, modify, or overrule the animal control officer's classification of the dog.

(c)

Written decision. Within ten days after the date of the hearing, the animal control hearing board shall notify the dog owner in writing by certified mail of its determination on the matter. If such determination is that the dog is a dangerous or potentially dangerous dog, the notice shall specify the date upon which that determination is effective.

(d)

Certificate of registration. A certificate of registration to the effect that the dog owner has a dangerous or potentially dangerous dog shall also be issued by the animal control officer, and is contingent upon the dog owner presenting to the animal control officer evidence of:

(1)

An enclosure as prescribed in section 8-60(b) and (c) for the confinement of a potentially dangerous or dangerous dog;

(2)

The proper posting of the premises as prescribed in section 8-60(g); and

(3)

An insurance policy or surety bond in the amount of $15,000.00 insuring the owner against liability for any personal injuries inflicted by a dangerous dog. This subsection shall apply only to dogs classified as dangerous.

(e)

Additional fee; renewing certificate of registration. An annual fee of $100.00 will be charged in addition to the regular dog licensing fees to register dangerous and potentially dangerous dogs. This registration fee is subject to change as dictated by the mayor and city council. Certificates of registration shall be renewed on an annual basis. At the time of the annual renewal of a certificate of registration, an animal control officer shall require evidence from the owner or make such investigation as may be necessary to verify that the dangerous or potentially dangerous dog is continuing to be confined in a proper enclosure and that the owner is continuing to comply with other provisions of this chapter.

(f)

Certificate no guarantee. Issuance of a certificate of registration or the renewal of a certificate of registration by the animal control officer does not warrant or guarantee that the requirements specified in section 8-60 are maintained by the owner of a dangerous or potentially dangerous dog on a continuous basis following the date of the issuance of the initial certificate of registration, or following the date of any renewal of such certificate.

(g)

Owner's notices. The owner of a dangerous or potentially dangerous dog shall notify the animal control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or been sold, stolen or donated. If the dog is sold or donated, the owner shall also provide the name, address and telephone number of the new owner. If sold or donated to another city resident, the new owner has ten days after taking possession of the dog to register the dog with the Fulton County Animal Control Office. If the owner moves with the dog from one jurisdiction to another within the state, the owner shall register the dangerous or potentially dangerous dog in the new jurisdiction within ten days after becoming a resident.

(h)

Registration requirement of owner as new resident. The owner of a dangerous or potentially dangerous dog who is a new resident of the state shall register the dog as required in this article within 30 days after becoming a resident.

(Ord. No. 06-11-11, § 1(ch. 5, art. 3, § 2), 11-21-2006)