Dog owners sought review after hearings officer affirmed owners’ Notices of Infraction (NOIs) citations for violating county code provisions making it unlawful for a person to permit a dog to engage in certain dangerous behavior.
The Circuit Court affirmed the hearings officer’s orders. Dog owners appealed.
The Court of Appeals held that evidence supported finding that owners permitted their dogs behavior as required to impose Notices of Infraction (NOIs).
Evidence supported finding that two dog owners permitted their dogs’ behavior, which included running lose, injuring another dog, killing another dog, and biting a child, as required to impose Notices of Infraction (NOIs) for violation of county code making it unlawful for a person to permit a dog to engage in dangerous behavior, where one owner did not dispute that his dog got out of his yard on day in question and dog’s enclosed located was not secure, and uncontroverted testimony established that fence keeping dog in second owner’s parking lot was down so that dog had access to street, and a neighbor testified that second owner’s dogs had gotten out on several previous occasions.