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2/13/2006 (d) If, after investigation by an Animal Control Officer or Peace Officer, that officer determines that probable cause does not exist to believe that the animal is vicious, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the Animal Control Officer or Peace Officer for a hearing and paying the required fee. (e) In determining whether or not an animal shall be declared vicious, the Animal Control Officer, Peace Officer or Hearing Officer may consider, as a mitigating factor or factors, whether at the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior for which the animal is being determined vicious: (1) Provoked, tormented, teased, abused or assaulted the animal thereby causing or contributing to the alleged behavior; (2) Committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal; (3) Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal; (4) Or any other mitigating factors deemed appropriate for consideration by the Animal Control Officer, Peace Officer or Hearing Officer." SECTION 4. Section 6.04.090 of the Redwood City Municipal Code is hereby deleted. A new Section 6.04.090 is added to read as follows: "6.04.090 Issuance of permit for dangerous animal. (a) No permit obtained under this section is transferable. If the owner's address or the location where the animal is kept changes or the owner transfers ownership of the animal, the permit shall become null and void and an application for a new permit must be submitted to the Animal Control Officer. (b) A permit issued under this chapter is subject to renewal and approval each year and is subject to conditions and requirements existing as of the date of renewal. The permittee shall pay an annual fee for this permit pursuant to the procedures established by the Division of Animal Control Services. If permittee fails to file an application for renewal or pay the permit fee prior to the permit anniversary date the permit shall automatically become void. The fee for such permit shall be as set forth in section 6.04.240. This fee shall not be refundable. (c) If the owner or permittee has a history of multiple violations of this Chapter 6.04 or of the conditions of any previously issued dangerous animal permit, the Animal Control Officer or Hearing Officer may deny the permit and impound the animal for appropriate disposition as determined by the Animal Control Officer or Hearing Officer." Atty/Ord.248 final 022106 5 Ord 2292 (formerly muff# 305)