Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

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within the ten(10) business day period referred to in the notice,the revocation of the permit becomes final. (3) Appeals.All appeals from final suspension or revocation of a permit required by this subsection shall be made in writing to the city manager or his designee.The appeal shall be filed in writing within ten (10)business days of the occurrence of the final suspension or revocation.At least three(3) business days before the appeal hearing occurs,the city shall provide the permit holder with notice of the time and place of the hearing.The permit holder shall be permitted to attend and be heard at the hearing.The city manager or designee shall hear and rule on the appeal within thirty(30)business days after notice of the appeal.The city manager or designee shall have the power to reverse a decision of animal services where he finds that the basis for such final suspension or revocation was not meritorious and that such a reversal will not adversely affect the public or animal health, safety or welfare.All decisions of the city manager or designee shall be subject to review by the city council at its option at one of its regularly scheduled meetings.The decision of the city manager or his designee will be final unless reversed by the city council.The city council's failure to take action on any such appeal shall constitute approval of the decision by the city manager or his designee. (4) Administrative process.A notice required by this subsection is properly served when it is delivered to the holder of the permit or the pet store operator via hand-delivery,or when it is sent by registered or certified mail, return receipt requested,or when it is sent via Federal Express or any courier service that provides a return receipt showing the date of actual delivery to the last known address of the holder of the permit.The hearings provided for in this subsection shall be conducted by the applicable regulatory authority at a time and place designated by it.The applicable regulatory authority shall make final findings,and shall sustain, modify or rescind any notice or order considered in the hearing.A written report of the hearing decision shall be furnished to the holder of the permit by the applicable regulatory authority. (5) An animal control officer,or a licensed peace officer shall utilize the authority granted in Section 6.009, inhumane treatment of animals,to lawfully seize and impound any animal which the officer believes has been or is being cruelly treated.Otherwise, animals may remain on site at the pet store until such time as a final determination has been made regarding the pet store's permit. (6) A pet store that does not have a license, or whose licenses has expired, been suspended,or revoked, is prohibited from selling or offering to sell animals, but may still sell supplies if applicable. Secs. 6.066-6.069. Reserved. ARTICLE 5. OTHER ANIMALS Sec. 6.070. Complaint about a dangerous animal. (a) Upon receipt of a written complaint by any person,animal control officer, or other law enforcement officer charging that a particular ani-mal is a dangerous animal,the public health director or his designee shall initiate proceedings with the municipal court of record to conduct a hearing to determine whether such animal is dangerous; unless the matter is resolved by agreement of all parties prior to such hearing.Such written complaints shall contain at least the following information: (1) Name, address and telephone number of complainants and witnesses; (2) A brief description of the incident or incidents which cause the complainant to believe such animal is a dangerous animal, including date,time and location; Created: 2022-03-03 11:27:12 [EST] (Supp. No.34,Update 4) Page 33 of 40