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(6) At the hearing, both the owner and the animal control authority may <br />present the testimony of live witnesses; cross-examine witnesses, and <br />present documentary evidence. <br />(7) The burden of proof shall be upon the animal control authority. The <br />standard of proof shall be clear and convincing evidence if the authority <br />seeks to destroy the dog; in other cases it shall be by a preponderance of <br />the evidence. <br />(8) After considering all evidence pertaining to the dog, the hearing officer <br />shall make such order as they deem proper, including ordering the animal <br />control authority to take the dog into custody if the dog is not currently in <br />custody. <br />(9) Any person who fails or refuses to release the dog to the animal control <br />authority or law enforcement agent upon demand, or after it has been <br />found by a hearing officer to be dangerous and ordered into custody, shall <br />be guilty of a misdemeanor. <br />(10) Authority to order destruction: The hearing officer, upon finding that a <br />dog is dangerous hereunder, is authorized to order, as part of the <br />disposition of the case, that the dog be destroyed based on a written order <br />containing findings of fact establishing that each of the following criteria <br />are present: <br />(i) The dog is dangerous, as demonstrated by a vicious attack, an <br />unprovoked attack, an attack without warning, or multiple attacks; <br />and <br />(ii) The owner of the dog has demonstrated an inability or <br />unwillingness to sufficiently control the dog in order to prevent the <br />injury to persons or other animals; and <br />(iii) The owner cannot, will not, does not, or otherwise refuses to <br />provide proof of the liability insurance or surety bond as required <br />in Section 10-93(a)(2). <br />(11) If the declaration or destruction is upheld by the hearing officer, actual <br />expenses of the hearing up to a maximum of $1,000, as well as all <br />Maintenance Costs, will be the responsibility of the dog's Owner. The <br />hearing officer shall issue a decision on the matter within 10 days after the <br />hearing. The decision shall be delivered to the dog's Owner by hand <br />delivery or registered mail as soon as practical and a copy shall be <br />provided to the City. The decision of the hearing officer is final. <br />Section 10-100 -Destruction of Certain Doas. The Police Chief and/or hearing officer <br />are authorized to order the destruction or other disposition of any dog, after proper notice is <br />given pursuant to Section 10-99 and upon a finding that: <br />-9- <br />