3.25.080 Hearings—Appeals.
(a) A person who owns an impounded animal, who is not the subject of criminal proceedings related to the impoundment of that animal, and who cannot redeem the animal because:
(1) The animal is not subject to redemption under KMC 3.25.040(b)(2); or
(2) The Chief Animal Control Officer has disposed of the animal under KMC 3.25.050 or KMC 3.25.070 may, within thirty (30) days after the impoundment of the animal, apply for a hearing before the Chief Animal Control Officer or designee. Upon timely application under this subsection, the Chief Animal Control Officer or designee shall hold a hearing. The decisions of the Chief Animal Control Officer may be appealed to the City Council within thirty (30) days. The decision of the City Council shall be final.
(b) The purpose of the hearing shall be to determine whether:
(1) The animal was lawfully impounded; and
(2) The animal was lawfully withheld from redemption or disposed of.
(c) If, on the basis of the hearing, the Chief Animal Control Officer or designee finds the impoundment, withholding from redemption or disposition of the animal was not in accordance with law, the Chief Animal Control Officer shall:
(1) If the animal is in the custody of the Animal Control Shelter, order that the animal be returned to its owner;
(2) If the animal has been disposed of, recommend to the Chief of Police and the City Manager that the City Council authorize an award to the owner of compensation in the amount of the fair market value of the animal at the time of impoundment.
(d) A person aggrieved by the decision of the Chief Animal Control Officer or designee or an award authorized by the City Council may within thirty (30) days of that decision appeal the decision to the City Council whose decision shall be final.
(Ord. 1731-97)