Animal owners or keepers must comply with the following conditions
of animal ownership, and the city or authorized agency may require
as a condition of licensing such owners or keepers to sign permit
or license applications agreeing to comply with such conditions:
A.
Animals
shall be restrained or confined as required by law;
B.
Animals
shall be humanely treated at all times;
C.
Vaccinations,
licenses and permits shall be obtained as required by law;
D.
Animal
premises shall be kept sanitary and shall not continue a fly breeding
reservoir, a source of offensive odors or of human or animal disease;
E.
Animals
and animal premises shall not be permitted to disturb the peace or
constitute a public nuisance or hazard.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
Dog owners shall at all times keep their dogs on a leash or
their own property or the private property of another, with the permission
of the owner that property so as to prevent them from being at large
or stray, from biting or harassing any person engaged in a lawful
act, from interfering with the use of public property or with the
use of another person's private property, and from being in violation
of other sections of this code. However, dogs may be at large while
participating in field trials and obedience classes organized and
sanctioned by trials and obedience classes organized and sanctioned
by recognized dog clubs, while assisting their owner or trainer in
legal hunting or in herding of livestock, while assisting a peace
officer engaged in law enforcement duties, or while being trained
for the above purposes on private land with the permission of the
landowner, so long as such dogs are under direct and effective voice
control of such individuals to assure that they do not violate any
other provision of the law.
(Ord. 175, 1990)
Any person owning or having custody or control of a protection
dog, guard dog, or any potentially dangerous animal is guilty of a
misdemeanor if, as a result of that person's failure to exercise ordinary
care, the animal attacks, bites or otherwise causes injury to a person
engaged in lawful activity and the owner or custodian knew or should
have known of the animal's vicious or dangerous nature, or the animal's
protection dog, guard dog, dangerous dog or potentially dangerous
animal status. This section does not apply to animals used in military
or police work while they are actually performing in that capacity.
(Ord. 227 § 6, 1994)
No person shall allow a dog in his custody to defecate or to
urinate on public property or any improved private property other
than that of the owner or person having control of the dog. It shall
be the duty of all persons having control of a dog to curb such dog
in order to carry out the intent of this section. If a violation of
the above occurs, such person shall immediately remove any feces to
a proper receptacle. Unsighted persons while relying on a guide dog
shall be exempt from this section.
(Ord. 175, 1990)
Dog owners shall securely confine their female dogs while in
season within an enclosure in a manner that will prevent the attraction
of male dogs in the immediate vicinity.
(Ord. 175, 1990)
No person shall own or harbor an animal in such a manner that the peace and quiet of the public is unreasonably disturbed. The written affirmation by two persons, having separate residences, the violation of Sections 6.04.300(D) and (E), 6.04.310, 6.04.320 and 6.04.350 of this code disturbs the peace and quiet of said persons shall be prima facie evidence of a violation of this section. The keeping or maintenance, or the permitting to be kept or maintained, on any premises owned, occupied, or controlled by any person or any animal or fowl, which, by frequent or a long continued noise, causes unreasonable annoyance or discomfort to any person of normal sensitivity in the vicinity, shall constitute a violation of this section; provided, however, that nothing contained herein shall be construed to apply to reasonable noises emanating from legally operated dog and cat hospitals, humane societies, pounds, farm and/or agricultural facilities, or areas where keeping of animals or fowls are permitted. The destruction by an animal of property other than that which belongs to the owner of said animal shall be prima facie evidence of a violation of this section.
(Ord. 175, 1990)
A.
General
Provisions.
1.
If the city or authorized agency has cause to believe that a dog is a "vicious dog" within the meaning of Section 6.04.010, it may find and declare such a dog a "vicious dog."
2.
Upon
finding and declaring that a dog is a "vicious dog," the city or authorized
agency shall notify the owner and/or possessor of the city's or authorized
agency's finding and declaration.
3.
The
notice shall inform the owner and/or possessor of that dog that he
may request a hearing within five working days to contest the finding
and designation.
4.
Failure
of the owner and/or possessor to request a hearing pursuant to subdivision
3 of this subsection shall result in the declaration becoming final.
5.
A
finding at the hearing that the dog does fall within Section 6.04.010(Y)
shall result in the declaration becoming final.
6.
The
city or authorized agency is empowered to impound and/or abate any
"vicious dog" independently of any criminal prosecution or the result
thereof by any means reasonable necessary to ensure the health, safety
and welfare of the public including, but not limited to, the destruction
of the dog or by the imposition upon the owner and/or possessor specific
reasonable restriction and conditions for the maintenance of the dog.
The restrictions and conditions may include, but are not limited to:
a.
Obtaining and maintaining liability insurance in the amount of one
hundred thousand dollars and furnishing a certificate or proof of
insurance by which the city or authorized agency shall be notified
at least ten days prior to cancellation or nonrenewal or, at the owner's
option, the filing with the city or authorized agency of proof of
a bond in the amount of thirty-five thousand dollars, to be able to
respond to damages;
b.
Requirements as to size, construction and design of enclosure;
c.
Location of the dog's residence;
d.
Requirements as to type and method of restraints and/or muzzling
of the dog;
e.
Photo identification or permanent marking of the dog for purpose
of identification;
f.
Payment of a reasonable fee to recover the costs of the city or authorized
agency in verifying compliance and enforcing the provisions of this
section.
B.
Notification
of Right to Hearing. At least five working days prior to the impoundment
and/or abatement, the owner or custodian of record shall be notified
of their right to a hearing to determine whether grounds exist for
such impoundment and/or abatement. If a hearing is requested, the
impoundment and/or abatement hearing may be held in conjunction with
the hearing provided for in subsection A.6.a of this section. If the
owner or custodian of record requests a hearing prior to impoundment
and/or abatement, no impoundment and/or abatement shall take place
until the conclusion of the hearing except as noted in subsection
A.6.c of this section.
C.
Immediate
Impoundment. When, in the opinion of the city or authorized agency,
immediate impoundment is necessary for the preservation of animal
or public health, safety or welfare, or if the dog has been impounded
under other provisions of this code or state law, the pre-impoundment
hearing shall be waived; however, the owner or custodian of record
shall be given a notice allowing five working days to request an abatement
hearing. If requested, a hearing shall be held within five days of
the request and the dog shall not be disposed of prior to the conclusion
of the hearing. If, after five working days, no request for a hearing
is received from the owner or custodian of record, the dog in question
shall be disposed of under applicable provisions of law.
D.
Changes
of Ownership, Custody and/or Residence. Owner of a vicious dog who
sells or otherwise transfers the ownership, custody or residence of
the dog shall at least ten days prior to the sale or transfer, inform
the city or authorized agency in writing of the name, address and
telephone number of the new owner, custodian and/or residence and
the name and description of the dog. The owner shall, in addition,
notify the new owner or custodian in writing of the details of the
dog's record, terms and conditions of maintenance and provide the
city or authorized agency with a copy thereof containing an acknowledgement
by the new owner or custodian of his receipt of the original. The
city or authorized agency shall notify the new owner or custodian
in writing of any different or additional restrictions or conditions
imposed pursuant to subsection A.6 of this section as a result of
the change of ownership, custody, or residence.
E.
Possession
Unlawful. It is unlawful to have custody of, own or possess a vicious
dog as defined in this chapter, whether or not the dog has been declared
a "vicious dog" by the city or authorized agency, unless it is restrained,
confined or muzzled so that it cannot bite, attack or cause injury
to any person.
F.
Declared Vicious Dog. It is unlawful for the owner and/or possessor of a dog declared vicious pursuant to subsection A of this section to fail to comply with any requirements or conditions imposed pursuant to subsection A.6 of this section. If a declared "vicious dog" escapes, the owner/possessor shall immediately notify the city or authorized agency and make every reasonable effort to recapture it.
(Ord. 175, 1990; Ord. 245 § 10, 1995)
Upon receiving a complaint from an identified person alleging
a violation of this chapter and upon receiving the name and address
of the owner of the animal, if known, an investigation to determine
whether a violation exists shall be made. If the investigation discloses
a violation of this chapter, prosecution may be initiated against
the owner. Complainants' identities shall be kept confidential to
the extent permitted by law.
(Ord. 175, 1990)
A.
The
city or authorized agency or peace officers shall attempt to capture
any animal found at large in violation of this code and may destroy
an animal at large if, in their judgment, such action is required
for public health and safety; provided, however, that the city or
authorized agency shall not seize or impound any dog for being at
large that has strayed from but then returned to the private property
of its owner or the person who has a right to control the dog, but
in such case a citation may be issued; provided, further, that if
in such a situation, the owner or person who has a right to control
the dog is not home, the dog may be impounded, but the city or authorized
agency shall post a notice of such impounding on the front door of
the living unit of the owner or person who has a right to control
the dog. Such notice shall state the following: that the dog has been
impounded, where the dog is being held, the name, address and telephone
number of the agency or person to be contacted regarding release of
the dog, and an indication of the ultimate disposition of the dog
if no action to regain it is taken within a specified period of time
by its owner or by the person who has a right to control the dog.
B.
Any
person who finds an animal at large may take it into his/her possession
and must as soon as possible, but no later than twenty-four hours
thereafter, notify the city or authorized agency. The city or authorized
agency may accept such animal for impoundment and the person who finds
the animal shall surrender the animal to the city or authorized agency
upon demand. The finder of an animal at large shall use reasonable
care to preserve it from injury; however, he/she shall not be held
liable if the animal dies, escapes or injures itself while he/she
is carrying out the provisions of this section.
(Ord. 175, 1990; Ord. 227 § 3, 1994; Ord. 245 § 9, 1995)
Any person who relinquishes an animal to the city or authorized
agency shall give his name, address and, if he is not the owner, the
location where he found the animal.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
A.
Upon
impoundment of an animal wearing a license tag, or identification
listing the owner's name and address, the city or authorized agency
shall immediately mail to the owner of record at the address indicated,
a notice of the location.
B.
The
owner of an impounded animal shall be notified that he may, within
five working days, request a hearing as to the legality of the impoundment.
C.
If requested,
the hearing shall be held within five working days of the date of
the request and the time, during which the animal shall not be disposed
of other than by return to the owner, shall be extended until the
conclusion of the hearing. If at the conclusion of the hearing, the
impoundment is found to be unjustified the animal shall be returned
to the owner without charge. If the animal is returned to the owner
prior to the hearing, any fees paid by the owner to the city as a
result of an unjustified impoundment shall be refunded to the owner.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
The owners of an impounded animal may claim it prior to its
legal disposition by providing proper identification, meeting all
requirements, and paying the applicable redemption fees.
(Ord. 175, 1990)
A.
The
city or authorized agency shall hold an impounded lost or stray dog
for not less than three working days, if it was not wearing a license
tag when impounded, and for not less than five working days, if it
was wearing a license tag, so that the owner or custodian may claim
it prior to other disposition.
B.
The
city or authorized agency may dispose of humanely, or may transfer
to a new owner upon payment of the applicable fee, any impounded animal
not claimed by its owner or custodian within the prescribed holding
time. An impounded dog or cat wearing a license tag or other identification
when impounded or a dog or cat relinquished by its owner shall not
be transferred for the purpose of medical research. Animals relinquished
by their owners may be destroyed or transferred to a new owner without
regard to any prescribed holding time. Injured or diseased animals
or newborn animals unable to feed themselves may be humanely destroyed
without regard to the prescribed holding time in order to alleviate
suffering or to protect other impounded animals from exposure to a
contagious disease.
C.
Any
dog not claimed by its owner and which has not been altered shall
not be sold or given away, unless the cost of altering such dog has
been deposited with the city or authorized agency, to be refunded
upon presentation of proof of altering by a licensed veterinarian.
D.
Any
cat not claimed by its owner and which has not been neutered shall
not be sold or given away, unless the cost of neutering such cat has
been deposited with the city or authorized agency, to be refunded
upon presentation of proof of altering by a licensed veterinarian.
E.
The individual adopting any cat or dog under the terms of subsections C and D of this section shall be given six months from the date of adoption in which to have the surgery performed. At that time a followup will be made if the money deposited has not been refunded, to assure the surgery is performed. Failure to complete the surgery within one month of the date of the follow-up shall constitute a misdemeanor.
(Ord. 175, 1990; Ord. 227 § 4, 1994; Ord. 245 § 9, 1995)
A.
General
Provisions. Any guard dog operator, in addition to any requirements
of The Dog Act of 1969 (Health and Safety Code 25970 et seq.), shall:
1.
Comply
with all applicable federal, state and local laws, regulations and
permit requirements affecting the keeping of a guard dog and/or the
operation of a guard dog business. Upon demand by the city or authorized
agency or any other law enforcement agency, each guard dog operator,
must demonstrate compliance with all applicable laws, regulations
and permit requirements affecting the keeping of a guard dog and/or
the operation of a guard dog business;
2.
Notify
the local law enforcement agency and fire department which provide
police and fire suppression services, and the city or authorized agency,
in writing of the location of the guard dog operator office, base
facility and/or kennel where any dogs are maintained for any period;
3.
Ensure
each dog furnished or assigned to any facility within the city is
wearing a current dog license tag before such furnishing or assigning
of the dog. This license requirement is in addition to the identification
tag specified in subdivision (4) of this subsection. A guard dog operator
shall obtain individual dog licenses for each dog, whether or not
it is kept in a "kennel" as defined in this code;
4.
Ensure
that each dog is wearing a durable identification tag in addition
to a current dog license tag. The identification tag provided by the
guard dog operator shall contain the name, address and telephone number
of the guard dog operator furnishing the guard dog. The telephone
number so pro-vided shall be a telephone which is answered by a person
twenty-four hours per day every day of the year. In addition, a dog
handler shall be available at all times to respond in a timely manner
to reports regarding a dog which has escaped, is injured, or presents
a risk of harm to animal or public health, safety or welfare;
5.
The
guard dog operator shall provide the city or authorized agency with
a written list of dogs to be assigned to any facility within the city.
Such list shall include each dog's name and description, along with
the license and identification number;
6.
Notify
the local law enforcement agency and fire department which provide
police and fire suppression services, the city or authorized agency,
in writing prior to, but not more than, fifteen days before a dog
is sent on an assignment of the location and duration of such assignment.
In addition, such notification shall be provided, within fifteen days,
when the assignment of the dog is terminated;
7.
Ensure
that dogs working with supervision in an unfenced area, yard or premises,
be controlled on a "leash" as defined in this code. Dogs working without
supervision shall be confined within a fenced or otherwise enclosed
facility not open to the public. The fence or other enclosure shall
comply with Lemon Grove's zoning regulations with locked gates and/or
doors to ensure the strict confinement of the dog and to prevent unauthorized
access. The fence or other enclosure is subject to inspection and
approval by the city. The guard dog operator may be required to pay
a reasonable fee to recover the costs of such inspection;
In addition, ensure that each dog, whether or not on duty, is
visited at least once every twelve hours and that each dog has adequate
food, water and shelter. Any dog which is sick or injured shall be
provided proper care and attention and, if on duty, shall be removed
from the site. Dogs shall not be kept or maintained on a chain. Dogs
shall not be kept or maintained, for any period of time, in an enclosure
area with less than twelve feet by five feet floor space or in any
enclosure area without adequate ventilation;
Further, ensure that the dog is not knowingly overworked, or
tortured, tormented, neglected, abandoned, deprived of necessary substance
or care, drink or shelter, beaten, mutilated or unjustifiably killed.
The words "torment" and "torture" include every act, omission or neglect
whereby unnecessary or unjustifiable physical pain or suffering is
caused or permitted;
8.
Obtain,
and maintain liability insurance issued by an insurance company authorized
to transact business in this state which provides minimum limits of
insurance of five hundred thousand dollars for any one loss due to
bodily injury or death and five hundred thousand dollars for any one
loss due to injury or destruction of property. The guard dog operator
shall also furnish the city or authorized agency with a certificate
or photocopy of the insurance policy and notify the city or authorized
agency at least ten days prior to cancellation or nonrenewal of the
policy;
9.
Ensure
that durable signs of sufficient size containing both a clear pictorial
description of a guard dog and a legible written warning of the presence
of a guard dog are conspicuously posted and maintained at every entrance
and at reasonable intervals on the fence or other enclosure where
the dog is to be assigned so as to be clearly visible. Signs shall
also include the name and telephone number of the guard dog operator
furnishing the guard dog. The telephone number so provided shall be
to a telephone which is answered by a person twenty-four hours per
day every day of the year. In addition, a dog handler shall be available
at all times to respond in a timely manner to reports regarding a
dog which has escaped, is sick, injured or presents a risk of harm
to animal or public health, safety or welfare;
10.
Provide a written statement to any person who obtains a guard dog
on hire, prior to a dog being sent on assignment, containing the following:
In addition to other provisions of law, any person or business
entity with custody of a guard dog is responsible for preventing the
dog from being "at large," within the meaning of Lemon Grove Municipal
Code, and from attacking or injuring a person engaged in a lawful
act. Any person who obtains a dog on hire shall immediately notify
the guard dog operator and the City of Lemon Grove at 464-6934 in
the event an escaped dog is not immediately recaptured.
Guard dog operators and the keeping or maintenance of guard
dogs are regulated by the City of Lemon Grove, 3232 Main Street, Lemon
Grove, California, 91945.
The guard dog operator shall also provide the city or authorized
agency with a copy thereof containing an acknowledgement of receipt,
signed and dated by the person who obtained the dog on hire. Such
acknowledgement shall also include the printed name, address and telephone
number of the guard dog operator and the person who obtained the dog
on hire;
11.
Transport the dog in a secure, humane manner that will reasonably
prevent its possible escape;
12.
Make every reasonable effort to recapture an escaped dog and, if
not immediately recaptured, notify the city or authorized agency;
13.
Reimburse the city or authorized agency for all costs incurred in
enforcing the provisions of this section.
B.
Any
person who obtains a guard dog on hire shall immediately notify the
guard dog operator, the city or authorized agency by telephone in
the event an escaped dog is not immediately recaptured.
C.
The sale, transfer or use as a guard dog of any vicious dog as defined in this code is prohibited whether or not the dog had been declared a vicious dog pursuant to Section 6.04.360.
D.
Any dog kept in violation of this section shall be deemed a public nuisance and may be impounded and/or abated pursuant to the provisions of Section 6.04.440 of this code.
E.
Any
person who violates any provision of this section is guilty of a misdemeanor.
(Ord. 227 § 6, 1994; Ord. 245 § 9, 1995)
A.
General
Provisions. It is unlawful for any person to own, possess or maintain
any wild animal unless he complies with all federal, state and local
laws, regulations, and permit requirements affecting such animals.
The owner shall also:
1.
Keep
the animals at all times in cages or enclosures of such size and construction
or confined in such a manner as to preclude the possibility of escape.
Such cages, enclosures or confinement shall be of such size as to
permit the animals reasonable freedom of movement;
2.
Keep
the cages or enclosures in a clean and sanitary condition at all times;
3.
Provide
the animals with adequate food, water, shelter, and veterinary care;
4.
Keep
the animal(s) in a manner so as not to threaten or annoy the person
of normal sensitivity.
B.
Additional
Provisions. The owner shall, in addition:
1.
Take
adequate safeguards to prevent unauthorized access to the animals
and to preserve animal and public health, safety and welfare. In the
event of an escape, immediately notify the city or authorized agency
and make every reasonable effort to recapture the animal(s);
2.
Upon
request by the city or authorized agency make his animal(s), premises,
facilities, equipment, and any necessary permit(s) available for inspection
for the purpose of ascertaining compliance with the provisions of
this section;
3.
Reimburse
the city or authorized agency for all costs incurred in enforcing
the provisions of this section when a violation is found, and shall
be responsible for any injury, or any damage to private or public
property caused by the animal(s).
C.
Location
and Transportation. Such animals shall be kept upon or transported
in escape-proof enclosures to private property which the animals'
owner or the person who has a right to control the animal, owns or
has a right to possess or use. All other transportation is prohibited
unless authorized by the city or authorized agency.
D.
1.
Small
birds that attain an adult weight under fifteen pounds, small rodents
that attain an adult weight under ten pounds, fish, invertebrates,
amphibians or reptiles except for the following reptiles: all crocodilians
(order crocodilia); all venomous snakes of the cobra (elapidae), seasnake
(kydrophidae), and viper (viperidae) families; all "rear fanged" snakes
(family colubridae); all boa and python species (family boidae) that
attain an adult weight over fifteen pounds or an adult length over
three and one-half feet; all lizards of the family helodermatidae
(gila monsters and Mexican beaded lizards); and all monitor lizard
species (family varanidae) that attain an adult weight over ten pounds
or an overall adult length over three feet.
2.
Legally
operated zoos or circuses or to recognized institutions of learning
or scientific research unless by reason of inadequate caging or other
means of protection of the public from such animals, or by the ineffectiveness
of sanitation measures or by a particular hazard connected with the
animal(s) involved, animal or public health, safety or welfare will
be endangered.
E.
Impoundment
and/or Abatement. The city or authorized agency may impound and/or
abate any animal held in violation of this section and relocate or
dispose of it in a humane manner. At least three working days prior
to the impoundment and/or abatement, the owner shall be notified of
this right to a city or authorized agency hearing as to whether the
animal is being held in violation of this section. If the owner requests
a hearing prior to impoundment and/or abatement shall take place until
the conclusion of the hearing, except as provided herein. If, in the
opinion of the city or authorized agency, immediate impoundment and/or
abatement is necessary for the preservation of the public health or
safety, the city or authorized agency or health officer shall give
forty-eight hours advance notice that by reason of inadequate caging
or other means of protection of the public from such animals or by
the ineffectiveness of sanitation measures or by a particular hazard
connected with the animal or animals involved, the public health and
welfare will be endangered.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
A.
General
Provisions. The introduction, possession or maintenance of any animal,
or the allowing of any animal to be in contravention of this chapter
is, in addition to being a misdemeanor, declared to be a public nuisance.
The city or authorized agency, health officer and peace officer may
summarily abate any such public nuisance independently of any criminal
prosecution or the results thereof by any means reasonably necessary,
including, but not limited to, the destruction of the animal or animals
involved, or by the imposition of specific reasonable conditions and
restrictions for the maintenance of the animal(s). The owner shall
reimburse the city or authorized agency for all costs incurred in
verifying compliance and enforcing the provisions of this section.
B.
Notification of Right to Hearing. At least five working days prior to the impoundment and/or abatement, the owner or custodian of record shall be notified of their right to a hearing to determine whether grounds exist for such impoundment and/or abatement. If the owner or custodian of record requests a hearing prior to impoundment and/or abatement, no impoundment and/or abatement shall take place until the conclusion of the hearing except as noted in subsection C of this section.
C.
Immediate
Impoundment. When, in the opinion of the city or authorized agency,
immediate impoundment is necessary for the preservation of animal
or public health, safety or welfare, or if the animal has been impounded
under other provisions of this code or state law, the pre-impoundment
hearing shall be waived. However, the owner or custodian of record
shall be given a notice allowing five working days to request an abatement
hearing. If requested a hearing shall be held within five days of
the request, and the animal shall not be disposed of prior to the
conclusion of the hearing. If, after five working days, no request
for a hearing is received from the owner or custodian of record, the
animal in question shall be disposed of under applicable provisions
of the law.
(Ord. 175, 1990; Ord. 227 § 5, 1994; Ord. 245 § 9, 1995)
No person shall knowingly harbor or keep any dog or other animal
with a serious injury or afflicted with mange, ringworm, distemper
or any other contagious disease, unless such dog or other animal is,
in the opinion of the city or authorized agency, being given adequate
treatment for such disease. The city or authorized agency may take
immediate possession of any such animal not being so treated or which
is not responding to such treatment, and immediately dispose of the
animal, unless the owner forthwith places such animal under the control
and treatment of a licensed veterinarian.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
A.
All
hearings required pursuant to this chapter, shall be conducted by
the city attorney or by a designated employee who shall not have been
directly involved in the subject action. Hearings shall be held not
more than thirty days from the date of the receipt of the request
for the hearing and shall be conducted in an informal manner consistent
with due processes of law. A hearing may be continued if the hearing
officer deems it necessary and proper or if the owner or custodian
shows good cause. The city attorney or the designated employee shall
render a brief written decision which shall be final. The failure
to conduct a hearing required by this article shall have no bearing
on any criminal prosecution for violation of any of the provisions
of this chapter.
B.
Each
party shall have these rights: To call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter relevant
to the issues even though that matter was not covered in the direct
examination; to impeach any witness regardless of which party first
called the witness to testify; and to rebut the evidence against the
party. If the owner/custodian does not testify in his own behalf,
the owner/custodian may be called and examined as if under cross-examination.
C.
The
hearing need not be conducted according to technical rules relating
to evidence and witnesses. Any relevant evidence shall be admitted
if it is the sort of evidence on which responsible persons are accustomed
to rely in any common law or statutory rule which might make improper
the admission of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or explaining
any direct evidence but shall not be sufficient in itself to support
a finding unless it would be admissible over objection in civil actions.
The rules of privilege shall be effective to the same extent that
they are now or hereafter may be recognized in civil actions and irrelevant
and unduly repetitious evidence shall be excluded.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
