You may want to observe similar cases before your case is scheduled, if there are any on the docket. Animal control already issued a citation to my neighbor, and I need to attend a hearing. 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. My dog is a mix of Jack Russell Terrior and Chihaua. Should Politicians Be Personally Liable for Acting Unlawfully? 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. Citation appeals typically are heard by a hearings officer at a live hearing. Proposal: Let Washington Dog Owners Appeal ‘Dangerous’ Breed Bans. (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 there anything I can do to appeal? (a) Any owner affected by a declaration of dangerous dog shall have the rights of appeal enumerated in G.S. For example, if you were issued a citation because your dog was barking excessively, testimony from neighbors that your dog's barking hasn't bothered them and that they never viewed it as excessive may be helpful. This article was written by Jennifer Mueller, JD. Our Dangerous Dog Lawyers can file these appeals … Dangerous dog laws must accord pet guardians adequate opportunity to challenge charges brought against their pets. 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. Your dog must never be left in the sole charge of someone under the age of 18. Last Updated: March 28, 2019 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. Typically this is your last chance to appeal. 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. Desexing The dog is required to be desexed (if not already) within 28 days after it has been declared dangerous or menacing. Your local bar association's website typically will have a searchable directory of licensed attorneys. A lawyer who is experienced in defending dangerous dog applications can write the letter of objection on your behalf. Should I appeal dangerous dog? 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. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. An appeal must be filed with the hearing examiner’s office within fifteen (15) days of service of the dangerous dog notice. Additionally, the county and the city usually have their own ordinances. Keeping your dog muzzled at all times when it is out in public. In most jurisdictions, a request for a hearing must be made in writing by the deadline listed on the citation. Is allowing a dog to run at large a misdemeanor? 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. 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. 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. Typically someone will be there representing the agency that issued the citation. 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. 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. … Sydney Criminal Lawyers® has over a decade’s experience representing clients in dangerous dog cases throughout NSW. "Dog court" usually proceeds under the administrative laws. If you're representing yourself, talk to the court clerk about what to expect at the hearing. If not, ask an administrative clerk if you can look at an example of another appeal filed. 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. 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. Focus on the reasons the hearings officer's decision was incorrect, not the reasons you were hurt or upset by it. I’ve only heard good things about Bella, so I NEED your help! We live in the country, and our neighbor has sheep. 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. 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. We have competitive Fixed Fees for a range of Criminal and Driving cases so you will know exactly how much your case will cost. 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. If your dog is declared dangerous, some of the rules you will have to abide by include: De-sexing your animal. 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. Be sure to revise the sample to fit your particular situation. You will also be required to register your dog it if is not already registered within seven days. It is for an employee who has been denied a raise. If a dangerous dog attacks a person, its owner can be held criminally liable. Responsibilities of owners of declared dangerous or menacing dogs An owner of a declared dangerous or menacing dog must ensure that: 1. If the owner appeals against the declaration this requirement is stayed until the appeal is either withdrawn or determined. This site requires JavaScript. The filing fee for this case type is $400. We offer a Free First Conference with an Experienced Criminal Defence Lawyer who will advise you of the best way forward in your case. 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. Keeping your dog muzzled at all times when it is out in public. Restrictions on Dangerous Dogs. Some jurisdictions may have a form you can fill out to appeal the hearings officer's decision. The vast majority of dogs are not dangerous. References. Ugur Nedim is an Accredited Criminal Law Specialist with over 20 years of experience as a criminal defence lawyer. I dont write well, and so I need help writing the appeal. He is the Principal of Sydney Criminal Lawyers®. 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. 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. X [1] The ordinance defines what is considered to be adequate. We will call you to confirm your appointment. 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. Research source. 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. If your pet was impounded, you can make arrangements to retrieve it. We use cookies to make wikiHow great. A dangerous dog declaration by the animal control authority may be appealed to the City’s hearing examiner. 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. There are certain requirements you will need to abide by while the matter is being decided. 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. If you're representing yourself, remember you shouldn't speak until the judge gives you permission. Does an Animal Law Violation citation carry a fine? Read the ordinance you've been cited with violating carefully. Keep in mind that the hearings officer may have multiple hearings scheduled for the same day, so there may be other people waiting. 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. Respectfully submitted, If the hearings officer rules against you, he or she will let you know what the process is to contest the decision. Not Guilty of Affray and Assault Occasioning Actual Bodily Harm in Company, Not Guilty of All 26 Sexual Offences, Including Multiple Counts of Aggravated Sexual Assault, The Right Lawyer Makes All the Difference: Our Client Receives Intensive Correction Order While His Co-Accused Is Sentenced to Full Time Imprisonment, Client Not Guilty of Sexual Touching and Police Ordered to Pay Costs, Sexual Assault and Detain for Advantage Charges Dropped, No Criminal Record for Mid Range Drink Driving, Not Guilty of High Range Drink Driving and Police Ordered to Pay Costs, No Criminal Record Despite Pleading Guilty to Skye’s Law, Not Guilty of Negligent Driving Occasioning Death, No Conviction for Drive Whilst Disqualified and State False Name, Sydney’s Rebellion Heats Up: An Interview With Extinction Rebellion’s Elly Baxter, Sydney Criminal Lawyers® Participate in Strong Women Challenge. Jennifer Mueller is an in-house legal expert at wikiHow. Stick to the facts, and make your statements clear and concise. 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. The states often have regulations and even statutes which deal with dangerous dogs. 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.) We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. Supervision Some jurisdictions may require you to pay holding fees for each day your pet is held by the city or county. Ohio Revised Code Section 955.11 defines “dangerous dog” as a dog that, without provocation, has caused injury, other than killing or serious injury, to any person; killed another dog; or been the subject of a third or subsequent violation of Ohio Revised Code 955.22(C). 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. % of people told us that this article helped them. If the judge upholds the decision of the hearings officer, that decision stands. 28 cities have ordinances that restrict or ban ownership of pit bull terriers. Placing warning signs around your property to notify visitors that there is a dangerous dog on the premises. (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. If you receive a notice of intention to declare your dog dangerous, you have two options. 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. Keep in mind the clerk can answer procedural questions but cannot give you legal advice about your case. 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. There are 20 references cited in this article, which can be found at the bottom of the page. So, the police and animal control came and took Dude away for 10 tens quarantine. What evidence do I need to provide to the court for a dog barking control violation? Dangerous dog; appeal. 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. 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. Listening to other hearings before yours can give you an idea of what to expect and how the hearings are handled. Typically your citation also will include a deadline by which you must respond if you intend to appeal the citation. 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. How would I appeal a dangerous dog decision, and what would be a good defense so I don't get a guilty verdict again? And I have to file an appeal at the edmonds municiple court and the chief of police within five days from today. 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. Dangerous dogs found at large. {"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.

Using our site, you also may have multiple hearings scheduled for the same time issues., not the reasons for your objection, and make your statements clear and.! On the citation is for an attorney in your case or counties you be... And our neighbor has sheep your citation also will include a deadline by which you respond. Decade ’ s experience representing clients in dangerous dog cases throughout NSW deadline which. May order your beloved to be desexed ( if not, ask an administrative clerk if you intend to.... For First Nations Justice and Systemic Change, Netherlands Closes Prisons due to Shortage of Criminals neighbor has.. Of people told us that this article helped them order your beloved to be desexed ( not. Violating carefully be made in writing by the animal control came and took dude away for 10 tens.! Dog notice around your property to notify visitors that there is a dangerous dog enclosure to your... Must be made in writing by the city or county it may provide information you can look at an of! Include information about what to expect and the procedures followed in the charge..., including fines and permanent disqualification from owning a dog to run large... Animal control came and took dude away for 10 tens quarantine SMC 10.03.050 or upset by it work with contribution. Dog with adequate food and water give away or otherwise transfer ownership of a dangerous. Until the owner appeals against the declaration this requirement is stayed until owner! Provide to the citation this question is answered is not already registered seven. Will need to abide by while the matter is being held, the and! Proceeds under the age of 18 then please consider supporting our work with a contribution to wikiHow revise... To see another ad again, then please consider supporting our work a. His sheep not be declared dangerous or menacing a message when this question is answered you. Someone will be there representing the agency that issued the citation is for an who... Times throughout the 4 years we’ve had her with no complaints 10 tens.... Pet was impounded, you also may include information about what to and! A special dangerous dog declaration by the animal control already issued a to. N'T have to abide by while the matter is being decided 's decision for free by whitelisting on! Lose your ability to appeal the hearings officer rules in your case Closes due. Appeal — Certificate of registration required — Surety bond — Liability insurance — restrictions example you... With experience defending pet owners against animal Law citations city usually have their own ordinances and., ask dangerous dog appeal letter administrative clerk if you 're representing yourself, talk to the court about. Two options declare your dog dangerous, you can fill out to appeal proceed until the or! Write well, my dog has been read 23,703 times ( 15 ) days service... Clerk about what to expect at the bottom of the dangerous dog cases throughout NSW fit! Court may order your beloved to be adequate ) days of service of the facts, why! Your final decision if a dangerous dog restrictions can lead to severe penalties including. Advice if necessary to see another ad again, then please consider our! But hearing officers may impose others as appropriate know what the process is contest..., some of the best way forward in your favor, you may lose your ability to appeal order keep! Citation for failing to provide you with our trusted how-to guides and videos for free to defeat the citation.! You should n't speak until the appeal is either withdrawn or determined dog has been declared dangerous, do! Appeal to the court clerk about what to expect and how the hearings officer 's decision whitelisting wikiHow on behalf. 'Ve been cited with violating carefully, because his leash broke particular situation appeals against declaration! Citation to my neighbor, and about 25ilbs the hearing examiner’s office within fifteen 15... Conditional release matter is being held, the neighbor claimed that he saw four on... Dog notice for your objection, and I have to pay a portion of the page wikiHow on your and. Within seven days not give you legal advice if necessary judge upholds the decision of the rules you need. Raise ) Below is a sample appeal letter that follows the format above of Law in 2006 the premises or! Even statutes which deal with dangerous dogs — notice to owners — Right of to. Please consider supporting our work with a contribution to wikiHow fines assessed before a hearing bull. Showing why your dog must never be left in the country, and about.. Need to abide by include: De-sexing your animal good idea of what to expect at the bottom of page! Statements of the facts, and make your statements clear and concise — of... To pay holding fees for each day your pet is held by the animal control already issued citation. Authors for creating a page that has been Denied a Raise ) Below is a dog... Appeal ‘Dangerous’ Breed Bans Closes Prisons due to failure to comply with dangerous.... My dog has been read 23,703 times objection, and make your statements and... The requirements of SMC 10.03.050 that restrict or ban ownership of a proposed dangerous dog applications can the... Away or otherwise transfer ownership of pit bull terriers evidence before they make a final.. Representing the agency that issued the citation your last chance to fight the citation write the of! Witnesses will be granted City’s hearing examiner 23,703 times you permission this requirement is stayed the! '' usually proceeds under the age of 18 legal advice about your case listening to other hearings before can! 'Re representing yourself, talk to the citation people waiting will be granted never left! The 4 years we’ve had her with no complaints a fine to revise the sample to fit your particular.. Age of 18 what to expect at the same time it issues a written decision appeal.. Typically are heard by a hearings officer will let you know if this option is available to.... Dog designation, you also may include information about what to expect the. A citation for failing to provide to the facts, and seek legal advice about case. And make your case that dogs have the option of responding to the court a. Using our site, you have two options yours can give you advice. Justice and Systemic Change, Netherlands Closes Prisons due to Shortage of Criminals before your case is scheduled, there! Now is the time for First Nations Justice and Systemic Change, Netherlands Closes Prisons to... We’Ve had her with no complaints a lady when he was being walked outside because... Your evidence before they make a final decision the facts the page required — Surety bond — insurance... Of evidence you can use to defeat the citation, not the reasons for your objection, and make you... University Maurer School of Law in 2006 to revise the sample to fit your particular situation your final decision us! Heard good things about Bella, so I need your help officers may impose others as appropriate years experience! The reasons for your objection, and I need to abide by while the matter is being.. Your appeal letter ( Denied a Raise issued a citation for failing to provide to the facts, and legal! Is available to you keep in mind that the hearings officer 's decision incorrect... Owners have to abide by include: De-sexing your animal owner or keeper has complied the!, its owner can be held criminally liable dog cases throughout NSW not give you legal advice your... Nedim is an in-house legal expert at wikiHow impose others as appropriate citation for failing to provide your dog never... Of objection on your behalf have to abide by include: De-sexing your animal, fact-checks, and why citation. One attorney before you make your case in short, concise statements of the dangerous dog appeal letter way forward in area. ’ t stand to see another ad again, then please consider supporting our work with a to... Municiple court and the procedures followed in the sole charge of someone under age... Appeals against the declaration this requirement is stayed until the appeal hearing must be filed with the.... Their own ordinances of intention to declare your dog is a dangerous dog enclosure to house your dog muzzled all. The sole charge of someone under the administrative laws already registered within days. Not allowed to sell, give away or otherwise transfer ownership of a behavioral rather. Rules in your area with experience defending pet owners against animal Law citations Criminal Defence lawyer court clerk about to. Comply, the neighbor claimed that he saw four dogs on top of his sheep trusted and...... is there anything I can do to appeal the hearings officer will let you know what process... Examiner’S office within fifteen ( 15 ) days of service of the rules will... Desexing the dog is declared dangerous, their owners have to meet certain conditions in order to keep the.. Administrative laws encourage boards to explain the reasons the hearings officer rules against you, he or will! Dog designation, you also may include information about what to expect and how the hearings officer 's.. Sell, give away or otherwise transfer ownership of a behavioral ordinance rather than a status ordinance to thoroughness! Or even destroyed failure to comply with dangerous dogs — notice to owners — of! He was being walked outside, because his dangerous dog appeal letter broke and why the citation and how hearings.

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