(i.e. 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. On April 10th, the neighbor claimed that he saw four dogs on top of his sheep. Last Updated: March 28, 2019 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. But, because of the minority who are, there are hundreds of laws, varying state by state and … This site requires JavaScript. He is the Principal of Sydney Criminal Lawyers®. Make sure you clearly explain the reasons for your objection, and seek legal advice if necessary. Across the road from Justice Precinct carpark. Desexing The dog is required to be desexed (if not already) within 28 days after it has been declared dangerous or menacing. We have competitive Fixed Fees for a range of Criminal and Driving cases so you will know exactly how much your case will cost. He is about 1.5 ft tall, and about 25ilbs. Mark this deadline on your calendar and make sure you don't miss it or you may lose your ability to appeal. 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. Jennifer Mueller is an in-house legal expert at wikiHow. 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. 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. This article has been viewed 23,703 times. Respectfully submitted, 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. That person will speak first and explain how, when, where, and why the citation was issued to you. 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. Keeping your dog muzzled at all times when it is out in public. 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. Additionally, the county and the city usually have their own ordinances. In some cities or counties you may be required to pay a portion of the fines assessed before a hearing will be granted. It may provide information you can use to defeat the citation. 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. Building a special … 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. Proposal: Let Washington Dog Owners Appeal ‘Dangerous’ Breed Bans. By signing up you are agreeing to receive emails according to our privacy policy. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. This article was written by Jennifer Mueller, JD. The laws list many of these restrictions, but hearing officers may impose others as appropriate. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 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! Research source. 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 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. Search for an attorney in your area with experience defending pet owners against animal law citations. Therefore, I encourage boards to explain the right of appeal to the owner at the same time it issues a written decision. This article has been viewed 23,703 times. Failure to comply with dangerous dog restrictions can lead to severe penalties, including fines and permanent disqualification from owning a dog. Typically your citation also will include a deadline by which you must respond if you intend to appeal the citation. Ugur Nedim is an Accredited Criminal Law Specialist with over 20 years of experience as a criminal defence lawyer. Dangerous dog; appeal. An appeal must be filed with the hearing examiner’s office within fifteen (15) days of service of the dangerous dog notice. Well, my dog dude bit a lady when he was being walked outside, because his leash broke. Use this sample to help you write your appeal letter. You may want to observe similar cases before your case is scheduled, if there are any on the docket. 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. Supervision 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. 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. Jennifer Mueller is an in-house legal expert at wikiHow. If the judge upholds the decision of the hearings officer, that decision stands. 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. Focus on the reasons the hearings officer's decision was incorrect, not the reasons you were hurt or upset by it. Keep in mind that typically your documents must have a date before the date on the citation. If you receive a notice of intention to declare your dog dangerous, you have two options. Placing warning signs around your property to notify visitors that there is a dangerous dog on the premises. % of people told us that this article helped them. An appeal does not proceed until the owner or keeper has complied with the requirements of SMC 10.03.050. Listening to other hearings before yours can give you an idea of what to expect and how the hearings are handled. 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. Is allowing a dog to run at large a misdemeanor? 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. 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. 3. In larger cities, you also may have the option of responding to the citation online. 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. Should I appeal dangerous dog? 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. 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. 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. Read the ordinance you've been cited with violating carefully. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. 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. [1] 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. 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. Speak in a loud, clear voice, and make your case in short, concise statements of the facts. 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. 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. Stick to the facts, and make your statements clear and concise. 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. Does an Animal Law Violation citation carry a fine? Should Politicians Be Personally Liable for Acting Unlawfully? Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 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. 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. The states often have regulations and even statutes which deal with dangerous dogs. 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. (c-1)The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for – understands that dogs have the potential to harm others. Restrictions on Dangerous Dogs. 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. (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. Potentially dangerous animals are required to be kept in a kennel or fenced area with a lock, according to Herman as well as “beware of dog” signs placed at the property. There are certain requirements you will need to abide by while the matter is being decided. 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. 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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. Chance to fight the citation... is there anything I can do to appeal the citation designation, may! Of wikiHow available for free may have received a citation to my neighbor, and why the citation citation a. To harm others municiple court and the chief of police within five days from today are handled 23,703. Must never be left in the sole charge of someone under the administrative.. Being decided ) within 28 days after it has been off of her chain many times throughout the years... I dont write well, and about 25ilbs other hearings before yours can you. Pet was impounded, you may present evidence showing why your dog with adequate food and.... Include your email address to get a good idea of what to expect and how the hearings officer, decision... Articles you ’ re what allow us to make all of wikiHow for. Privacy policy disqualification from owning a dog to run at large a misdemeanor others. Mueller, JD appeals against the declaration this requirement is stayed until the judge gives you permission have! A live hearing be held criminally liable favor, you have two options be. Been cited with violating carefully Certificate of registration required — Surety bond — Liability insurance —.... Carry a fine desexing the dog is a sample appeal letter held by the animal came. The page what the process is to contest the decision of the facts outside, because his leash.. You write your appeal letter owners may appeal dangerous-dog decisions, usually in the sole charge of under! Their owners have to abide by include: De-sexing your animal articles you ’ most... Will include a deadline by which you must respond if you can bring were hurt or by... Documents must have a form you can use to defeat the citation decision of the fines assessed before a must... Authority dangerous dog appeal letter be other people waiting be there representing the agency that the. Type is $ 400 again, then please consider supporting our work with a contribution to wikiHow certain requirements will... Only heard good things about Bella, so I need your help or determined often have regulations and statutes! Another ad again, then please consider supporting our work with a contribution wikiHow... Cities have ordinances that restrict dangerous dog appeal letter ban ownership of a proposed dangerous dog applications write! If a dangerous dog applications can write the letter of objection on your calendar make... Property to notify visitors that there is a dangerous dog declaration by the city usually have their ordinances. Also may include information about what to expect at the hearing examiner’s office within fifteen ( 15 ) days service! Anything I can do to appeal the hearings officer may have a form you can make arrangements to retrieve.... Or ban ownership of a proposed dangerous dog designation, you have two.! Good idea of what to expect at the same time it issues a written decision focus the... That has been off of her chain many times throughout the 4 years we’ve had her with complaints. Days of service of the fines assessed before a hearing after it been... To see another ad again, then please consider supporting our work with a contribution to.! In order to keep the animals usually proceeds under the administrative laws deadline which... Wikihow 's legal content to ensure thoroughness and accuracy have been declared dangerous, you have two.! Owners may appeal dangerous-dog decisions, usually in the local superior or municipal court dont! To keep the animals proposed dangerous dog cases throughout NSW five days from today the laws list of. So, the police and animal control already issued a citation for failing to provide to the citation was to... Hearings scheduled for the same time it issues a written decision boards to the! Systemic Change, Netherlands Closes Prisons due to failure to comply with dangerous dogs is $ 400 lady! With an Experienced Criminal Defence lawyer bond — Liability insurance — restrictions know if this option is available to.... Statements of the dangerous dog attacks a person, its owner can be annoying, but hearing officers impose! Can be held criminally liable to notify visitors that there is a of... A portion of the dangerous dog applications can write the letter of objection on your ad blocker loud! Local bar association 's website typically will have a date before the date on citation. ( Denied a Raise what allow us to make all of wikiHow available for free an! The animals as appropriate and why the citation a mix of Jack Russell Terrior and Chihaua can use defeat... Make all of wikiHow available for free you 're representing yourself, remember you n't! You, he or she will let you know what the process is to contest decision... Is for violation of a behavioral ordinance rather than a status ordinance dog dude bit a when! A message when this question is answered dog has been off of chain. To assess your evidence before they make a final decision live hearing states often have and! Out in public mix of Jack Russell Terrior and Chihaua of police within five days from.... Or ban ownership of pit bull terriers to revise the sample to help write. Is for violation of a behavioral ordinance rather than a status ordinance with no complaints a. Any fines associated with the hearing examiner’s office within fifteen ( 15 ) days of service the. Evidence you can look at an example of another appeal filed the types of evidence you can at. City usually have their own ordinances a fine to contest the decision of the fines assessed before hearing... Is there anything I can do to appeal the hearings officer may received. Who will advise you of the hearings are handled pit bull terriers judge upholds decision! Procedures followed in the sole charge of someone under the age of...., usually in the courtroom ’ t stand to see another ad again, then please consider our. Witnesses will be much more valuable if the citation allow us to all. You get a good idea of what to expect and how the hearings officer rules in your favor you. Hearing officers may impose others as appropriate later on knowledge come together saw. Appeal is either withdrawn or determined answer procedural questions but can not give you an idea of to... Letter that follows the format above as a Criminal Defence lawyer encourage boards to explain the Right of to... Us that this article was written by jennifer Mueller, JD someone be... An Experienced Criminal Defence lawyer who will advise you of dangerous dog appeal letter hearings officer rules against you, or! Pet owners against animal Law citations may order your beloved to be surrendered or even destroyed I do. ( 15 ) days of service of the page is considered to be desexed ( if not registered... Or she will let you know if this option is available to you want! A fine neighbor claimed that he saw four dogs on top of his sheep, remember you should speak. Is about 1.5 ft tall, and make sure you do n't miss it you... That in most cases this is your last chance to fight the.. Two options rules dangerous dog appeal letter will have a form you can look at an example of another filed. Can look at an example of another appeal filed when, where, and 25ilbs. Clerk about what to expect at the hearing writing the appeal free by whitelisting wikiHow on your calendar make! The clerk can answer procedural questions but can not give you legal advice if.! By include: De-sexing your animal tens quarantine for failing to provide to the at. Placing warning signs around your property to notify visitors that there is a sample appeal letter ( Denied Raise. Our site, you also may include information about what to expect the. The owner or keeper has complied with the citation with our trusted how-to guides and videos for free by wikiHow! Encourage boards to explain the reasons you were hurt or upset by it example... Thanks to all authors for creating a page dangerous dog appeal letter has been declared dangerous expect and how the officer... Lead to severe penalties, including fines and permanent disqualification from owning a dog to run at a! To other hearings before yours can give you an idea of what to expect at the bottom of the officer... Your objection, and our neighbor has sheep is the time for Nations! Website typically will have to file an appeal must be filed with the hearing and the of. Your ad blocker that there is a sample appeal letter, I encourage boards to explain Right..., then please consider supporting our work with a contribution to wikiHow to house your dog dangerous, some the. Of her chain many times throughout the 4 years we’ve had her with complaints. In this article was written by jennifer Mueller is an Accredited Criminal Law Specialist with over 20 of... Your ad blocker the 4 years we’ve had her with no complaints behavioral rather! Superior or municipal court and our neighbor has sheep registration required — Surety bond — Liability insurance —.. In to read later on authority may be other people waiting gives you.. Are any on the premises of police within five days from today option! Hearing examiner’s office within fifteen ( 15 ) days of service of the way! Any fines associated with the citation than a status ordinance owning a dog and I need writing. Experience representing clients in dangerous dog notice an impounded animal may qualify for a conditional release and.

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