CHAPTER 35

ANIMAL HEARING BOARD

35.01    CREATION; COMPOSITION. There is established an Animal Hearing Board consisting of the following: five (5) members who are residents of the City appointed by the Mayor, with the approval of the Council, for staggered terms of three (3) years. The Board shall consist of volunteer members with at least one member representing the Humane Society and at least one member representing the veterinarian profession. The Board conducts hearings and issues orders to abate animal nuisances and to protect the community from dangerous animals. The Board also makes recommendations to the City Council and Burlington Police Department concerning animal issues, including animal-related legislation, animal control regulations and operation of the Humane Society Animal Facility. The Board is not part of the Animal Control Enforcement Unit within the City, but is an independent body created by this chapter.

35.02    VACANCIES. Any member who misses three (3) meetings consecutively without a valid reason shall be considered to have vacated the position. A vacancy shall be filled only for the balance of the term, except at the end of a full term, at which time appointments shall be for a two-year term.

35.03    OFFICERS. The Board shall annually elect one of its members to serve as chairperson and one as secretary and may adopt such procedural rules as it deems necessary to carry out its business and which are consistent with federal, state, and local laws.

35.04    MEETINGS; HEARINGS. The Animal Hearing Board shall meet at least annually for the election of officers and adoption of procedural rules and at such other times as necessary to hear appeals and other matters within its jurisdiction. All meetings and hearings before the Animal Hearing Board shall be open to the public and notices of hearings shall be published not less than four (4) days or more than twenty (20) days before the hearing in a newspaper of general circulation in the City. The Board, however, in accordance with state law, may go into closed session to review confidential records.

35.05    POWERS AND DUTIES. The Board shall hear and decide all appeals and show cause hearings under Chapter 65 of this Code of Ordinances.

1. Appeals from denial of domestic and wild animal permits.

2 Appeals regarding humane and confinement conditions for animals.

3. Show cause hearings regarding the revocation or suspension of an animal permit.

4. Show cause hearings regarding municipal enforcement action on Chapter 65 of this Code of Ordinances.

5. Show cause hearings on determination whether that animal is a dangerous animal or a vicious animal and a public concern.

35.06    BOARD CONSIDERATIONS. In all matters before the Board, the Board shall determine that its actions comply with the requirements as well as the intent of all laws, regulations, and ordinances, including enforcement actions adopted by the City.

35.07    TIME LIMITS; CERTIORARI. All appeals to the Board shall be filed within thirty (30) days of the action complained of or of the issuance of an ordinance violation charge or denial of an animal permit. Any party to a proceeding before the Board, including the City acting through its representatives, may seek judicial review of any final decision of the Animal Hearing Board before the Iowa District Court of Des Moines County by filing a petition for writ of certiorari within thirty (30) days of such final decision in accordance with the Iowa Rule of Civil Procedure.

(Ch. 35 – Ord. 3231 – May 07 Supp.)