Title 6 - Animals

6.04.055 Appeal.

1. A.
   Any person who is denied a Special Animal Permit, an Animal Breeder Permit or an Animal Foster Home Permit, whose existing permit has been revoked, may within 10 days thereafter file a written notice or statement of appeal from said decision, ruling, action, or finding to the Overland Park Municipal Court for an administrative hearing thereon.
2. B.
   The City Manager is hereby authorized to set an administrative hearing appeal fee. Such fee shall be paid to the Municipal Court Clerk and is required for each appeal to the Municipal Court, and no appeal shall be set for hearing until such fee has been paid.
3. C.
   The filing of an appeal under this subsection shall not stay any action taken pursuant to this Chapter.
4. D.
   The hearing shall be conducted by an Overland Park Municipal Court judge who will sit as an administrative judge for purposes of this Chapter. The sole issue for determination shall be whether decisions, rulings, actions, or findings of the Animal Control Officer or the City Clerk (or their respective designees) were within the scope of their authority, supported by substantial evidence, and not arbitrary or capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case.
   
   Pursuant to its role as administrative judge, the court is empowered to hold hearings, subpoena witnesses, take the testimony of any person under oath and in connection therewith, to require the production of any evidence relating to any matter being heard. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which he or she may be lawfully questioned, the court may order such person to comply with such subpoena and testify; and failure to obey the court's order may be punished by the court as contempt.

(History: Ord. DAC-3436 §5, 2023; Ord. DAC-1679 §6, 91; DAC-1385 §2, 86)

Effective on: 1/1/1901