An animal law citation usually involves a violation of a city or county law, such as a requirement that pets be in a crate or on a leash if off your property, or that all cats and dogs be vaccine free.If you receive a citation and want to fight it, you must appeal within a short period of time and attend a hearing.Check with your local animal control agency to find out what you need to do in order to complete the process.
Step 1: Call the agency that issued the citation.
The address and phone number you can use to respond to the citation will be provided by the agency that issued it.You may be able to respond to the citation online in larger cities.If you intend to appeal the citation, you must respond by a deadline.If you miss this deadline, you may lose your ability to appeal.
Step 2: Supporting documentation should be submitted.
Before you can request a hearing on your citation, some agencies have a paper review.To prove the citation was issued in error, you need to send the documents to the agency.If you were cited for not having your dog vaccinations, you can send proof to the animal control agency.It's important to remember that your documents must have a date before the citation.You may be able to pay a lower fine if you are given a grace period after the citation that allows you to fulfill the requirement within a few days or a week.Documentation may be sent showing that you shouldn't have been cited because you are not the owner of the animal.
Step 3: Request a hearing.
At a live hearing, citation appeals are heard by a hearings officer.The deadline for making a request for a hearing is listed on the citation.If you want to request a hearing from your city or county's agency, you can fill out a form or send a letter.Make sure the identification number of the citation you received is included on your request.You may be required to pay a portion of the fines before a hearing is granted.
Step 4: You should receive notice of your hearing date.
Within a few days after you submit your request, you'll get a notice from the agency telling you the location and time of your hearing.If you can't make it, call the agency.Information about what to expect at the hearing and the types of evidence you can bring are included in your notice.If you're allowed to bring witnesses to the hearing, you may have to give them their names and contact information.
Step 5: Get information.
You have to present evidence to show that you shouldn't have been issued the citation.You can present documents or photos, as well as call witnesses.You have been cited for violating the law.You can use the information to defeat the citation.If you failed to provide your dog with adequate food and water, you may have received a citation.What is considered adequate is defined by the law.You should be able to defeat the citation if you can prove that you provided your dog with enough food and water.Try to provide as much objective evidence as possible, rather than relying on the word of the agent or officer who issued the citation.
Step 6: Consider talking to an attorney.
You can be represented at the appeals hearing by an attorney.If you can't afford an appointed attorney, you're not allowed to have one.If you don't feel the need to hire an attorney to represent you in the hearing, you may want to discuss your case with someone who has experience with animal law in your area.If your dog has been seized and may be put down, hiring an attorney to represent you can give you peace of mind that you did everything you could to save your pet.If you want to talk to an attorney, you should look for someone with experience in animal law cases that practices in the same city or county where you live.You can find a directory of licensed attorneys on your local bar association's website.
Step 7: If you have witnesses, talk to them.
If the citation was issued in error, you can bring witnesses with you to testify.You should meet with witnesses before the hearing to make sure you understand what they will say.If the citation is for violation of a behavioral ordinance, witnesses will be more valuable.If you were issued a citation for your dog's excessive barking, testimony from your neighbors that they never viewed it as excessive may be helpful.If a witness agrees to testify, discuss the questions you plan to ask them before the hearing, as well as some questions they may be asked on cross-examination.
Step 8: You have to appear on your hearing date.
If you don't show up for your hearing, your appeal will be dismissed.If no one shows up to represent the agency that issued the citation, you can win your appeal.If the citation was issued as a result of a private individual's complaint, the entire citation will be dismissed if the individual shows up for the hearing.There could be other people waiting if the hearings officer has multiple hearings scheduled for the same day.Hearings before yours can give you an idea of what to expect and how the hearings are handled.Someone will represent the agency that issued the citation.The person will explain how the citation was issued to you.
Step 9: You should present your case.
You can tell the hearings officer why you shouldn't have been issued the citation after the agency explains its reasons.Make your statements clear and concise.If you want to appeal to the emotions of the hearings officer, you can describe the animal as a beloved pet to your young children.Hearings officers can't make an exception just because they feel sorry for you, they have heard it all before and must apply the law.If the hearings officer finds that the citation is valid, you may be assessed additional fines or have to pay for the costs of the administrative hearing.
Step 10: Receive the decision from the hearings officer.
The hearings officer will make a ruling after you've presented your case.You will find out what the next steps will be at that time.If the hearings officer rules in your favor, you don't have to pay fines.If your pet was taken away, you can make arrangements to get it back.If the hearings officer rules against you, he or she will let you know what the next step is.If the hearings officer rules in your favor, you have the right to file an appeal.
Step 11: Comply with the regulations of the agency.
If you lose your administrative appeal and an animal is taken from you, you need to pay for the continued holding of the animal.Fees may be charged for each day your pet is held by the city or county.Before you can appeal the hearings officer's decision, you may have to pay a portion of the fine.An animal that has been seized may qualify for a release.If your pet is being held, the hearings officer will let you know if this option is available to you.
Step 12: An appeal request should be filed with the appropriate court.
Administrative decisions can be reviewed by a civil court.Only a few days after the hearing, you must request an appeal in writing.You can appeal the hearings officer's decision if you fill out a form.If you don't know if you can look at an example of another appeal, ask an administrative clerk.You can find out about the format and information required in your appeal request by contacting the court clerk.
Step 13: Consider hiring an attorney.
A court appeals before a judge involves more complex rules of procedure and evidence than an administrative hearing would.If you have experience defending pet owners against animal law citations, look for an attorney in your area.Before you make your final decision, you may want to interview more than one attorney.If you are facing an order that your pet be euthanized, it is advisable to hire an attorney to represent your interests.In most cases, this is the last chance to fight the citation.
Step 14: Get ready for your hearing.
You will get a notice of your court hearing.If you have to change the hearing, make sure you do it as soon as possible.You must be able to show that the hearings officer's decision was not in line with the law.If you've hired an attorney, he or she will work with you regarding the evidence you presented at the administrative hearing and how it should have been interpreted.Talk to the court clerk about what to expect at the hearing if you're representing yourself.The clerk can answer procedural questions, but can't give you legal advice.If there are any similar cases on the docket, you may want to look at them before your case is scheduled.It will give you a good idea of what to expect in the courtroom.
Step 15: You should present your case to the court.
On the day of your hearing, you will have the chance to explain to a county court or appeals court judge why the hearings officer made a mistake and the citation against you should be thrown out.Remember, you shouldn't speak until the judge gives you permission.Make your case in short, concise statements of the facts by speaking in a loud, clear voice.The hearings officer's decision was incorrect, not the reasons you were hurt or upset.This is usually your last chance to appeal.The hearings officer's decision stands if the judge upholds it.