Admission of County Violation; Conditions

(a)   Any party who is issued a notice of County Violation for any County Violation under this Chapter may, in lieu of requesting a hearing, admit the County Violation and submit the fine to the Director as stated on the notice of County Violation.   The party may attach a written explanation of mitigating circumstances with the payment of the fine.

(b)   Any written explanations submitted under subsection (a) herein shall be reviewed by the hearings officer. The hearings officer shall have discretion to reduce the submitted fine and refund any portion not retained based on the written explanation.

(c)   After considering the keeper’s explanation, animal control reports or any other credible evidence, the hearings officer retains discretion to request a hearing and notice reasonably calculated to apprise the violator of the possible additional conditions or restrictions to which either the violator or animal may be subject.   A hearing must be afforded to the parties not less than 14 days from the date that notice was sent by the hearings officer.

(d)   When a person is issued a notice of County Violation for violation of JCC 612.09(b), wherein the dog:

(1)   Menaced, injured, or kills a domestic animal; or

(2)   Damages or destroys property of another; or

(3)   Bites or causes physical injury to a person; or

(4)   Violates JCC 612.09(c)(2) or (3);  the County Violation may be compromised as provided in subsection (e) below.

(e)   If the person injured, damaged or otherwise detrimentally impacted by the commission of the County Violation acknowledges in writing any time before the final decision of the Director, hearings officer, or a court of requisite jurisdiction, that the person has received satisfaction for the injury, damage or detrimental impact, the Director, hearings officer or court may in their discretion, on payment of any cost or expense incurred, order the notice of County Violation dismissed.

(1)   The Director, hearings officer, or court when issuing an order to dismiss under this section, may impose additional conditions or requirements upon the party issued the County Violation, if in their determination the additional requirements are necessary to further protect the public health or safety.

(2)   Any condition or requirement imposed pursuant to this Chapter shall be complied with prior to the entry of the final order dismissing the notice of County Violation(s).

(Ord. 2001-2. Passed 5-23-01.)