11-1006. Hearing officer; hearing on civil
violations; additional remedies
A. A county board of supervisors that establishes a civil penalty for violating an
animal statute or ordinance may appoint one or more hearing officers to hear and
determine such cases. The board may appoint a county employee to serve as hearing
officer in addition to his other work.
B. The hearing officer shall hold a hearing on each violation reported by the
county enforcement agent. Notice of the hearing shall be served personally on the
defendant at least ten days before the hearing. The county enforcement agent shall use a
uniform traffic ticket and complaint for civil traffic cases pursuant to the rules of
procedure in traffic cases adopted by the supreme court, modified as applicable, in
citing persons for violations of ordinances adopted with a civil penalty pursuant to
section 11-1005, subsection A, paragraph 6, subdivision (b).
C. At the hearing the county enforcement agent shall present evidence of the
violation and the defendant, or his attorney or other designated representative, shall
have an opportunity to present evidence. The county attorney may represent and present
evidence for the county enforcement agent.
D. At the conclusion of the hearing the hearing officer shall determine whether a
violation occurred and, if so, impose civil penalties provided for under section 11-1005,
subsection A, paragraph 6, subdivision (b). Monies collected for civil penalties shall
be deposited in the county general fund. The board of supervisors shall adopt, in the
same manner as the animal ordinances, written rules of procedure for the hearings and
review of hearings. Final decisions of the hearing officer under this subsection are
subject to judicial review under title 12, chapter 7, article 6.
E. In addition to other remedies provided by law, the board of supervisors, the
county attorney, the county enforcement agent or a private individual or other entity
that is specially damaged by a violation of an animal statute or ordinance may institute
an injunction, mandamus, abatement or other appropriate action or proceeding to prevent
or abate the violation.
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