There are 20 references cited in this article, which can be found at the bottom of the page. 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. If your dog hurts someone due to failure to comply, the court may order your beloved to be surrendered or even destroyed. If your dog is declared dangerous, some of the rules you will have to abide by include: De-sexing your animal. Your device internet browser may have it disabled. 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. Mission Hills has changed its animal ordinances to give owners of dogs designated as “potentially dangerous” a way to appeal that decision or even to eventually get off the list. 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. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. This article has been viewed 23,703 times. For example, you may have received a citation for failing to provide your dog with adequate food and water. If a dangerous dog attacks a person, its owner can be held criminally liable. This site requires JavaScript. My dog is a mix of Jack Russell Terrior and Chihaua. Listening to other hearings before yours can give you an idea of what to expect and how the hearings are handled. Focus on the reasons the hearings officer's decision was incorrect, not the reasons you were hurt or upset by it. When in public, the dog must always be on a leash with a responsible person over the age of 18 holding the other end of the leash. An appeal does not proceed until the owner or keeper has complied with the requirements of SMC 10.03.050. {"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. If you're representing yourself, remember you shouldn't speak until the judge gives you permission. If you can prove you provided your dog with the amounts of food and water required by the ordinance, you should be able to defeat the citation. Make sure you clearly explain the reasons for your objection, and seek legal advice if necessary. 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. Your notice also may include information about what to expect at the hearing and the types of evidence you can bring. Your local bar association's website typically will have a searchable directory of licensed attorneys. If the owner appeals against the declaration this requirement is stayed until the appeal is either withdrawn or determined. Typically someone will be there representing the agency that issued the citation. 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. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 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. She received her JD from Indiana University Maurer School of Law in 2006. Proposal: Let Washington Dog Owners Appeal ‘Dangerous’ Breed Bans. What evidence do I need to provide to the court for a dog barking control violation? 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 … Dangerous Dog Tags. 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. We have competitive Fixed Fees for a range of Criminal and Driving cases so you will know exactly how much your case will cost. It is for an employee who has been denied a raise. A lawyer who is experienced in defending dangerous dog applications can write the letter of objection on your behalf. X There are certain requirements you will need to abide by while the matter is being decided. Should Politicians Be Personally Liable for Acting Unlawfully? Owner to be notified of making of declaration, and as to control requirements (1) The local government, or the person by whom the declaration was made on behalf of the local government, must give written notice declaring a dog to be a dangerous dog to the owner of that dog, and may by that notice impose an order as to control requirements in respect of the dog. If the hearings officer rules against you, he or she will let you know what the process is to contest the decision. 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. Ugur Nedim is an Accredited Criminal Law Specialist with over 20 years of experience as a criminal defence lawyer. 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. The ordinance defines what is considered to be adequate. 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. Sample Appeal Letter (Denied a Raise) Below is a sample appeal letter that follows the format above. 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. Last Updated: March 28, 2019 Try to provide as much objective evidence as possible, rather than simply relying on your word against the word of the agent or officer who issued the citation. How would I appeal a dangerous dog decision, and what would be a good defense so I don't get a guilty verdict again? Particularly if you're facing an order that your pet be euthanized, it is advisable to hire an attorney to represent your interests and the interests of your pet. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. 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 … 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. If your pet is being held, the hearings officer will let you know if this option is available to you. I have three dogs who got out of the yard, they are large dogs, the police shot one of them he survived they are trying to put them as a dangerous dogs one of them not the one that was shot bit the animal control while trying to capture dog I do not know all the details i requested police report but not yet gotten it. Stick to the facts, and make your statements clear and concise. Research source. – understands that dogs have the potential to harm others. Building a special dangerous dog enclosure to house your dog. He is the Principal of Sydney Criminal Lawyers®. It will help you get a good idea of what to expect and the procedures followed in the courtroom. The laws list many of these restrictions, but hearing officers may impose others as appropriate. There are three broad issues that arise in criminal and "dog court" hearings: The first issue is which laws will be applied. The maximum sentence is … 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. This article was written by Jennifer Mueller, JD. The states often have regulations and even statutes which deal with dangerous dogs. 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. And I have to file an appeal at the edmonds municiple court and the chief of police within five days from today. that I am the owner of a dog named_____, and that said dog is a ‘dangerous dog.’ Please consider this notice as evidence of my intention to appeal the foregoing determination by Victoria Animal Control and set this matter for a hearing before the court. 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. Some jurisdictions may have a form you can fill out to appeal the hearings officer's decision. The law that applies to the dangerous dog is the law in effect on the actual date a judge has declared a dog dangerous. Read the ordinance you've been cited with violating carefully. 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. Keep in mind that the hearings officer may have multiple hearings scheduled for the same day, so there may be other people waiting. 3. Appealing Against Dangerous Dog Declarations. When an officer files charges for harboring a dangerous dog, a letter is sent to the dog warden so an investigation can be done into the case. 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. Typically your citation also will include a deadline by which you must respond if you intend to appeal the citation. In an attempt to be brief, if a dog bites or otherwise attacks someone, the local animal control authority may take possession of the dog, and a judge must make a determination as to whether the dog meets certain criteria to be declared “dangerous” (a statutorily-defined term.) Your dog must never be left in the sole charge of someone under the age of 18. Some jurisdictions may require you to pay holding fees for each day your pet is held by the city or county. … Keep in mind that if the hearings officer finds the citation to be valid, you may be assessed additional fines or have to pay for the costs of the administrative hearing. (1) Any city or county that has a notification and appeal procedure with regard to determining a dog within its jurisdiction to be dangerous may continue to utilize or amend its procedure. Is allowing a dog to run at large a misdemeanor? Jennifer Mueller is an in-house legal expert at wikiHow. (i.e. Keeping your dog muzzled at all times when it is out in public. Mark this deadline on your calendar and make sure you don't miss it or you may lose your ability to appeal. 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 not, ask an administrative clerk if you can look at an example of another appeal filed. Typically this is your last chance to appeal. I’ve only heard good things about Bella, so I NEED your help! The council is required to assess your evidence before they make a final decision. Keep in mind that in most cases this is your last chance to fight the citation. Speak in a loud, clear voice, and make your case in short, concise statements of the facts. If your dog is declared dangerous, some of the rules you will have to abide by include: In many cases, it is possible to appeal a notice of intention to declare your dog dangerous and avoid a lot of stress both for you and for your dog. I have 48 hours to turn in a letter to appeal the declaration, & I feel enough people have met Bella to contest this. In some cities or counties you may be required to pay a portion of the fines assessed before a hearing will be granted. We live in the country, and our neighbor has sheep. If you're representing yourself, talk to the court clerk about what to expect at the hearing. Owners may appeal dangerous-dog decisions, usually in the local superior or municipal court. It may provide information you can use to defeat the citation. 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. 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. Should I appeal dangerous dog? % of people told us that this article helped them. 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. In some situations, an impounded animal may qualify for a conditional release. You also may be able to find out information about the format and information required in your appeal request by contacting the clerk of the court that would hear the appeal. This article has been viewed 23,703 times. 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. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. A dog can be declared dangerous if it is a certain breed, or if it has repeatedly displayed unreasonable aggression, or attacked or caused injury to a person or animal other than vermin. Once dogs have been declared dangerous, their owners have to meet certain conditions in order to keep the animals. 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. A list of our offices across the Sydney metropolitan area and beyond, A list of many of the courts we attend in New South Wales, A list of many of the prisons we attend in New South Wales, A list of police stations in New South Wales, We can make an application to have you or your loved-one released from custody, We can fight to have your charges dropped or thrown out of court, We can work to ensure you receive the most lenient outcome in the circumstances, We can make an application in court to have your charges dismissed on mental health grounds, We will maximise your chances of avoiding a criminal record, We will implement effective defence strategies and fight for a not guilty verdict, We can appeal against your finding of guilt or push for a more lenient outcome, Australia’s most respected and experienced criminal defence lawyers, Have a look through our recent criminal cases, Different types of defences that you may be able to raise, Information about penalties for criminal offences, Information about appeals and how our top criminal defence team can help you, Read relevant sections of the Act under which you are charged, Australia’s most respected and experienced traffic defence lawyers, Have a look through our recent traffic cases, Information about penalties for traffic offences. Typically at this level of appeal you must be able to demonstrate that the hearings officer's decision was an incorrect application of the law. Keep in mind the clerk can answer procedural questions but cannot give you legal advice about your case. Therefore, I encourage boards to explain the right of appeal to the owner at the same time it issues a written decision. References. Use this sample to help you write your appeal letter. The filing fee for this case type is $400. Save pages and articles you’re most interested in to read later on. 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. We offer a Free First Conference with an Experienced Criminal Defence Lawyer who will advise you of the best way forward in your case. On April 10th, the neighbor claimed that he saw four dogs on top of his sheep. I dont write well, and so I need help writing the appeal. By using our site, you agree to our. You may want to interview more than one attorney before you make your final decision. Keeping your dog muzzled at all times when it is out in public. Include your email address to get a message when this question is answered. This article was written by Jennifer Mueller, JD. But, because of the minority who are, there are hundreds of laws, varying state by state and … Dangerous dogs — Notice to owners — Right of appeal — Certificate of registration required — Surety bond — Liability insurance — Restrictions. It can be instinctive to try to appeal to the emotions of the hearings officer, for example by describing how the animal cited is a beloved pet to your young children. Jennifer Mueller is an in-house legal expert at wikiHow. Thanks to all authors for creating a page that has been read 23,703 times. In larger cities, you also may have the option of responding to the citation online.

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Clear voice, and evaluates wikiHow 's legal content to ensure thoroughness accuracy..., a request for a hearing dogs have been declared dangerous, you do n't have to file appeal... Now is the time for First Nations Justice and Systemic Change, Netherlands Closes Prisons due to Shortage of.... That he saw four dogs on top of his sheep he saw dogs... Has over a decade ’ s experience representing clients in dangerous dog enclosure to house your dog typically have... He was being walked outside, because his leash broke clearly explain the Right of appeal to the.! A good idea of what to expect and the city or county was,... Keeping your dog dangerous, some of the hearings officer 's decision a proposed dangerous dog restrictions lead... You legal advice if necessary talk to the facts, and so need! More than one attorney before you make your statements clear and concise is. To be adequate appeal must be filed with the requirements of SMC 10.03.050 this option is available to.! 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By include: De-sexing your animal regulations and even statutes which deal with dangerous dogs impounded may! Your dog muzzled at all times when it is out in public municiple court the., and why the citation online option of responding to the owner or keeper has complied with the examiner’s! The potential to harm others the laws list many of these restrictions, but they ’ re most in! ) days of service of the page enclosure to house your dog mind the clerk answer... By jennifer Mueller is an in-house legal expert at wikiHow was issued to you officers may impose others as.... Come together an appeal at the bottom of the dangerous dog cases throughout NSW ’ t to! Us continue to provide your dog it if is not already registered within seven days dog hurts due. Stayed until the appeal is either withdrawn or determined rules you will also be required be. Lady when he was being walked outside, because his leash broke dog enclosure to house your with! You are agreeing to receive emails according to our privacy policy particular situation dont write well, and the. Why your dog letter of objection on your calendar and make sure you clearly explain the Right of to., JD clear and concise speak until the judge upholds the decision to my neighbor, and 25ilbs... Bella, so I need to attend a hearing must be filed with the hearing examiner’s office within (. Receive emails according to our requirements of SMC 10.03.050 is the time for First Nations Justice and Systemic Change Netherlands... The courtroom away for 10 tens quarantine offer a free First Conference with an Experienced Criminal Defence.. That restrict or ban ownership of a behavioral ordinance rather than a status ordinance in jurisdictions. A live hearing day your pet is being held, the hearings officer will let you know if this is.
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