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<br />ðJ4-~7 <br /> <br />immediately impound or cause to be impounded the animal and shall cause the <br />animal to be humanely destroyed unless the Owner requests a hearing under <br /> <br />subsection (c) of this section. <br /> <br />(c) If the Owner of the animal disputes the designation of an animal as a vicious <br />animal by the Animal Control Officer and/or Peace Officer (s)he may submit a <br /> <br />written request for a hearing to the Animal Control Officer and/or Peace Officer <br />within five (5) calendar days of notification. Such hearing shall be conducted <br /> <br />according to the procedures set forth in Section 6.04.115 of this Chapter. Failure <br />of the Owner to request a hearing shall result in the animal being declared <br /> <br />vicious and humanely destroyed. The vicious animal declaration will be <br />considered final by the County Director of the Environmental Services Agency, or <br /> <br />the City having jurisdiction. <br /> <br />(d) If, after investigation by an Animal Control Officer or Peace Officer, that officer <br />determines that probable cause does not exist to believe that the animal is <br /> <br />vicious, any interested person may appeal that determination by submitting within <br />five (5) calendar days of the decision a written request to the Animal Control <br /> <br />Officer or Peace Officer for a hearing and paying the required fee. <br /> <br />(e) In determining whether or not an animal shall be declared vicious, the Animal <br />Control Officer, Peace Officer or Hearing Officer may consider, as a mitigating <br /> <br />factor or factors, whether at the time of the injury, attack or behavior, the person <br />or animal suffering the injury, attack or behavior for which the animal is being <br /> <br />determined vicious: <br /> <br />(1) Provoked, tormented, teased, abused or assaulted the animal <br />thereby causing or contributing to the alleged behavior; <br /> <br />8 <br />