§ 6.04.210. Appeal from Animal Services rulings.

(a)

Unless otherwise specified, any person dissatisfied with any order or determination of the Supervisor of Animal Services or designee made under his or her authority pursuant to this chapter may appeal such order or determination to the City Council, except the designation of dangerous or potentially dangerous dogs. An appeal shall be a de novo quasi-judicial proceeding from which further appeal may be taken to the District Court. An appeal must be filed with the City Clerk no more than 14 calendar days from the date of the written order appealed from. The City Council will hear the appeal no later than 30 days from the filing of such appeal.

(b)

Dangerous or potentially dangerous dog—Appeal of decision of Supervisor of Animal Services. The owner of a dog declared dangerous or potentially dangerous by the Supervisor of Animal Services or a designee may appeal the determination by filing a form provided by the City of Wichita Municipal Court within (14) calendar days of receipt of such notification. The completed form shall be submitted to the City of Wichita Municipal Court and a Municipal Judge will conduct an administrative hearing within 7 calendar days of receipt of the owner's appeal, unless good cause requires an extension of hearing date. At such hearing, testimony may be offered by the owner of the dog, animal trainers who have directly and personally evaluated the dog, Animal Services Officers or staff of Animal Services, victims of any bite or attack, witnesses to the dog's behavior, neighbors or other affected persons, and veterinarians concerning the vicious propensity of the dog. The Municipal Court Judge shall consider the factors listed in Section 6.04.045(a)(1) through (6) and by applying substantial competent evidence shall either deem the dog potentially dangerous, dangerous and assign a level or shall overrule the dangerous or potentially dangerous determination made by Animal Services. The Municipal Court will notify the owner in writing of the outcome of the hearing within five business days.

(c)

Costs of care at all phases of appeal. During all stages of any appeal process, the owner, keeper or harborer of such animal shall be responsible for the cost of keeping such animal in the animal shelter. The owner, keeper or harborer of such animal can file a renewable, non-refundable, cash or performance bond with the animal shelter where the animal is being held, within the appeal period, in an amount equal to the cost of care and treatment of the animal for 20 days. Said cash or performance bond shall be renewable for an additional 20 days and each successive 20 days the animal is held by Animal Services during the pendency of the appeal. Payment of said renewal shall be within five days of the running of the previous 20 day period. If said cash or performance bond, or its renewal, is not tendered to the Animal Shelter within the time specified above, then Animal Control Services shall have immediate ownership of such animal and the Supervisor of Animal Control Services shall determine the disposition of such animal. Absent such appeal, the Supervisor of Animal Control Services or designee may pick up and cause the animal to be destroyed, or in lieu of such destruction he or she may permit the confinement of the animal in a manner and location that he or she deems appropriate or as provided in Section 6.04.046.

(d)

Appeal from the decisions of Municipal Court Judge. After a Municipal Court Judge conducts an Administrative Hearing and rules based on the substantial competent facts, the Municipal Court will notify the owner in writing of the outcome of the hearing within five business days. The owner may appeal the hearing outcome to the District Court of Sedgwick County within 14 days of the written notification. The District Court will review the case to determine if the Municipal Court Judge's decision was supported by substantial evidence and that the administrative order was neither arbitrary nor capricious in accordance with K.S.A. 60-2101.

(Ord. No. 50-600, § 9, 10-10-17)

Editor's note

Ord. No. 50-600, § 9, adopted Oct. 10, 2017, repealed the former § 6.04.210 and enacted a new § 6.04.210 as set out herein. The former § 6.04.210 pertained to appeal from Chief of Police or designee's rulings and derived from Ord. No. 47-695, § 27, adopted Dec. 4, 2007; Ord. No. 48-300, § 30, adopted Mar. 24, 2009, effective July 1, 2009; Ord. No. 49-010, § 29, adopted May 24, 2011; Ord. No. 49-010(Corr. Copy), § 29, adopted July 11, 2011.