Chapter 6.28
POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS
Sections:
6.28.020 Prohibitions regarding dangerous animals.
6.28.040 Dangerous animals at large.
6.28.050 Temporary impoundment or confinement.
6.28.070 Disposition of potentially dangerous or dangerous animals.
6.28.080 Sale or transfer restrictions.
6.28.090 Enforcement and penalties.
6.28.110 Removal of designation.
6.28.010 Definitions.
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used are defined as follows:
“Abused animal” means any animal which is:
1. Mistreated, beaten, tormented, or teased; or
2. Deprived of water, food, or shelter; or
3. Kept under unsanitary conditions; or
4. Abandoned; or
5. Trained for fighting other animals.
“Dangerous animal”:
1. “Dangerous animal” means any animal that:
a. Has been designated a potentially dangerous animal and thereafter exhibits any of the behaviors listed in the definition of potentially dangerous animal; or
b. Inflicts serious injury or kills a human being; or
c. Engages in, or is found to have been trained to engage in, exhibitions of fighting; or
d. Inflicts serious injury or kills livestock off the property of the owner of the attacking animal; or
e. Inflicts serious injury or kills any domestic animal.
2. An animal shall not be considered a dangerous animal if the person or domestic animal that it attacked, threatened, or menaced:
a. Provoked, tormented, teased, or abused the animal into the alleged behavior; or
b. Committed a willful trespass or other tort upon the private property of the owner or keeper in control of the animal; or
c. Threatened or committed an unprovoked assault or battery against the owner or keeper in control of the animal.
“Enclosure” means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to humanely confine an animal with adequate exercise area, and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the owner or keeper.
“Hearing officer” means any designated representative of the city manager who conducts a hearing under BMC 6.28.060.
“Impounded” means taken into custody of the animal shelter.
“Person” means a natural person or any legal entity, including, but not limited to, a corporation, firm, partnership or trust.
“Potentially dangerous animal”:
1. “Potentially dangerous animal” means any animal that:
a. On two separate occasions within a 36-month period engages in any unprovoked behavior that requires a defensive action by any person to prevent bodily injury; or
b. Bites a person causing a minor injury not resulting in muscle tears or disfiguring lacerations or requiring multiple sutures or corrective or cosmetic surgery; or
c. Seriously bites, inflicts injury upon, or otherwise causes injury to any domestic animal; or
d. Chases or attacks pedestrians, skateboards, Segways, vehicles, bicycles, ridden horses, or domestic animals while off the property of its owner; or
e. Engages in any behavior that constitutes a physical threat of bodily harm to a person or domestic animal or poses an immediate threat to public safety.
2. An animal shall not be considered a potentially dangerous animal if the person or domestic animal that it attacked, threatened, or menaced:
a. Provoked, tormented, teased or abused the animal into the alleged behavior; or
b. Committed a willful trespass or other tort upon the private property of the owner or keeper in control of the animal; or
c. Threatened or committed an unprovoked assault or battery against the owner or keeper in control of the animal.
“Serious injury” means an injury which results in any muscle tear or disfiguring laceration or requires multiple sutures or corrective or cosmetic surgery. (Ord. 17-09 § 4; Ord. 07-72 § 4).
6.28.020 Prohibitions regarding dangerous animals.
It shall be unlawful for an owner or person having possession, custody, charge or control of an animal that the owner or person having possession knew or should have known was dangerous to permit said animal to be found outside of a house or fully enclosed space, unless that animal is muzzled and on a substantial leash or similar restraint of appropriate length and under the control of a responsible person eighteen years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure or as otherwise restrained by lawful order of the director or a hearing officer. (Ord. 07-72 § 4).
6.28.030 Inspection.
A. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this section, or whenever any police officer or animal control officer has probable cause to believe that there exists in any building, upon any premises, or in any vehicle any violation of the provisions of this chapter or other applicable law, the officer is authorized to enter such property at any reasonable time to inspect it and to perform any duty imposed upon the officer by this code or other applicable law; provided, that:
1. If the property is occupied, the officer shall first present proper credentials to the occupant, briefly describe the basis for the probable cause, and request entry. If entry is refused, the officer shall have recourse to every legal remedy, including an inspection warrant, to secure lawful entry and inspect the property.
2. If the property is unoccupied, the officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property and present proper credentials to the occupant, briefly describe the basis for the probable cause, and request entry. If entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the officer shall have recourse to every legal remedy, including an inspection warrant, to secure lawful entry and inspect the property.
3. Notwithstanding the foregoing, if the officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall have the right immediately to enter and inspect the property, and may use any reasonable means required to enter and inspect, whether or not the property is occupied and whether or not permission to inspect has been obtained; provided, that if the property is occupied, the officer shall first present proper credentials to the occupant, briefly describe the basis for the probable cause, and demand entry.
B. No person shall interfere with, hinder, fail or refuse, after proper demand has been made upon him or her, to permit the officer to make any inspection under subsection (A)(3) of this section. Any person violating this section shall be guilty of a misdemeanor. (Ord. 17-09 § 5; Ord. 07-72 § 4).
6.28.040 Dangerous animals at large.
A. A person who owns or keeps an animal and who allows, permits or causes the animal to be at large in or upon a public street, sidewalk, park, or other public property, or in or upon the premises or private property of another person, shall be guilty of a misdemeanor if the animal bites, attacks, or causes injury to any human being or other animal.
B. Any person convicted under this section shall not own or keep the type of animal which caused the bite, attack, or injury for a three-year period after the date of conviction. Neither the department nor the county shall issue or renew any license to the convicted person for that type of animal during that three-year period. (Ord. 07-72 § 4).
6.28.050 Temporary impoundment or confinement.
A. If animal control officers or police officers have probable cause to believe any animal has attacked, bitten, or injured any human being or other domestic animal, the officers shall have the power to summarily and immediately impound the animal until:
1. Any court proceeding or animal license revocation proceeding arising from the attack, bite, or injury; or
2. A hearing under this chapter.
B. In lieu of impounding, if the department determines that it is not contrary to public safety (i.e., has not killed or caused serious injury to any person or animal), the department may permit the animal to be confined at the owner’s or keeper’s expense in a kennel or veterinary facility approved by the department or at the owner’s or keeper’s residence; provided, that:
1. The animal is not removed from the kennel, veterinary facility, or residence without the prior written approval of the department; and
2. The animal shall be available for observation and inspection by an animal control officer or a police officer or their authorized representatives. The department shall specify to the owner or keeper the exact way the animal is to be restrained while awaiting the hearing.
3. The animal may be photographed for identification purposes.
C. If there is no reasonable method available to determine ownership of the animal, the animal shall be considered a stray in accordance with the Food and Agriculture Code.
D. Failure to surrender on demand the animal to an animal control officer for impoundment shall be a misdemeanor.
E. If an animal impounded under this section is declared to be potentially dangerous or dangerous, it may be returned to the owner or keeper upon satisfaction of any conditions the hearing officer places on the animal’s release unless the hearing officer orders the animal to be destroyed. If an animal impounded under this section is not declared to be potentially dangerous or dangerous, it shall be returned to the owner or keeper as soon as is practicable after receipt of the hearing officer’s notice of determination.
F. Within 48 hours of any impoundment, the department shall serve the owner or keeper with a notice of impoundment. The notice shall contain a description of the animal, a brief description of the facts and circumstances leading to the impoundment, and the charge or charges being filed. The notice shall be personally served or served by first-class or certified mail and shall be posted on the owner or keeper’s property.
G. The owner or keeper of the animal shall be responsible for the costs and expenses of impounding and keeping the animal if the animal is later ruled to be potentially dangerous or dangerous. (Ord. 17-09 § 6; Ord. 07-72 § 4).
6.28.060 Hearing procedures.
A. If a police officer or animal control officer determines that there is probable cause to believe that an animal is potentially dangerous or dangerous or that the owner or keeper of an animal has violated any conditions previously imposed by a hearing officer in relation to a declaration that the animal is potentially dangerous or dangerous, an independent hearing officer for the city shall serve as a hearing officer to conduct a hearing to determine whether the animal is a potentially dangerous or dangerous animal or whether the owner or keeper has violated any conditions. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the police officer or animal control officer to find probable cause shall be sworn to and verified by the complainant and shall be submitted as evidence in any such hearing.
B. If the owner or keeper does not contest the charges alleged and agrees to all of the recommendations of the police officer or animal control officer, the owner or keeper may waive the right to a hearing. In such a case the owner or keeper of the animal must present evidence to the city that they have paid all damages associated with the incident giving rise to the police officer or animal control officer’s determination, or have made arrangements to do so. The owner or keeper of the animal shall sign an agreement with the city in a form to be approved by the city attorney which sets forth all the terms and conditions regarding continued ownership of the animal and complete compliance with the provisions of this title.
C. In the event an animal has been impounded or confined pending a hearing, the hearing shall be conducted within 30 calendar days of the impoundment or confinement. Failure to hold the hearing within 30 calendar days shall result in an automatic dismissal of the charges; provided, however, that evidence of the underlying acts or behavior of the animal may be used in a subsequent proceeding.
D. The hearing shall be held not less than five business days nor more than 10 business days from the service of the notice of the hearing unless agreed to by the owner or keeper and the city. The department shall serve the owner or keeper of the animal and any victims with a notice containing a description of the animal, a brief statement of the charges and the facts and circumstances supporting the charges, and the date, time, and place of the hearing. The notice shall be accompanied by a copy of this chapter. Service shall be by first-class mail, certified mail, or personal service.
E. The hearing shall be open to the public. The hearing officer may admit into evidence all relevant evidence, including incident reports, statements or affidavits of witnesses, authorize or limit the use and scope of discovery, and may set the time to produce records or witnesses. Reference shall be made to the city’s Code of Conduct to promote civility. The formal rules of evidence and procedure shall not apply to the proceedings. Any relevant evidence may be admitted, in the hearing officer’s discretion, if it is the sort of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of whether such evidence would be admissible over objection in a judicial proceeding. Evidence is relevant if it has a tendency in reason to prove or disprove a material fact that is in dispute. The city shall have the burden of proof, by a preponderance of the evidence in demonstrating that the animal is potentially dangerous or dangerous.
F. After a hearing, the hearing officer may declare any animal to be or not to be potentially dangerous or dangerous and determine the appropriate disposition of the animal.
G. In making a determination that an animal is or is not potentially dangerous or dangerous, evidence of the following shall be considered if available:
1. Any previous history of the animal attacking, biting, or causing injury to a human being or other domestic animal or livestock;
2. The nature and extent of injuries inflicted and the number of victims involved;
3. The place where the bite, attack, or injury occurred;
4. The absence or presence of any provocation for the bite, attack, or injury;
5. The extent to which property has been damaged or destroyed;
6. Whether the animal exhibits any characteristics of being trained for fighting or attacking or there exists other evidence of such training;
7. Whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or domestic animals;
8. Whether the animal can be effectively trained or retrained to change its temperament or behavior;
9. The manner in which the animal has been maintained by its owner or keeper;
10. Any other relevant evidence concerning the maintenance of the animal;
11. Any other relevant evidence regarding the ability of the owner or keeper, or the department, to protect the public safety in the future if the animal is permitted to remain in the city.
H. Within 10 calendar days after the hearing, the owner or keeper of the animal and any victims shall be notified in writing of the determination and orders issued by the hearing officer, either personally or by prepaid, first-class mail. The notice of determination shall include the following information:
1. A determination of whether or not the animal is potentially dangerous or dangerous;
2. A brief summary of facts supporting the determination;
3. An order to destroy the animal, release the animal with conditions, or release the animal without conditions;
4. Advisement of appeal rights.
I. The decision of the hearing officer shall be final unless the determination is contested in accordance with Food and Agriculture Section 31622. If any party to the hearing contests the hearing officer’s determination, he or she may, within five calendar days of the receipt of the notice of determination, appeal the decision by filing an action in the superior court of Solano County and serving the city manager with a notice of appeal. (Ord. 17-09 § 7; Ord. 07-72 § 4).
6.28.070 Disposition of potentially dangerous or dangerous animals.
A. If the hearing officer finds that an animal is so dangerous that it would constitute an unreasonable danger to human beings, domestic animals, or livestock even with reasonable conditions upon release, the hearing officer may order the animal to be destroyed. This remedy is in addition to all other remedies and shall not limit or restrict the right of any person, including the city attorney, to commence a proceeding under California Civil Code Section 3342.5, or its successor, to have the animal destroyed.
B. If the hearing officer finds that the animal is dangerous, the hearing officer shall require the owner or keeper of the animal, as a condition of the release of the animal from confinement or impoundment, to comply with all of the following conditions. If the hearing officer finds that the animal is potentially dangerous, the hearing officer shall require the owner or keeper of the animal, as a condition of the release of the animal from confinement or impoundment to comply with conditions 1 through 3 below and may require compliance with any or all of conditions 4 through 12.
Conditions:
1. Immediately register the animal with the department. The fee for a permit to keep one potentially dangerous or dangerous animal shall be determined by resolution of the city council for a 12-month term, and the fee for each additional potentially dangerous or dangerous animal shall be determined by resolution of the city council. The permit expires at the end of each term and is renewable. The permit is nontransferable.
2. The owner or keeper of the animal may not be a minor.
3. The owner or keeper of the animal shall comply with all relevant state laws and ordinances.
4. Keep the animal securely confined at the location specified in the permit except as noted below.
a. Indoors on the owner or keeper’s premises. No potentially dangerous or dangerous animal shall be kept on a porch, patio, or in any part of a house or structure that would allow the animal to escape. No dangerous animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from leaving the premises.
b. On the owner or keeper’s premises in a locked enclosure approved by the department in its sole and absolute discretion. The structure must have secure sides and top composed of nine-gauge galvanized steel affixed to a concrete foundation. It must be locked with a key or a combination lock when holding animals. It must be of sufficient size to provide the animal adequate exercise room. The structure must be adequately lighted, ventilated, and kept in a clean and sanitary condition, and it must comply with all building and zoning regulations.
c. If the owner or keeper rents or leases the premises from another, the owner or keeper shall disclose to the property owner that the owner or keeper has a potentially dangerous or dangerous animal that will reside at the property. The disclosure shall be made prior to entering into the rental or lease agreement and at the time of any renewal.
d. Humanely confined in a vehicle so that it can neither escape nor inflict injury on passersby.
5. Keep the animal securely muzzled, leashed, and under the control of a person 18 years or older, and who is physically capable of restraining the animal, when it is not confined in a secure pen or secure indoors. Dangerous dogs may not leave the premises of their owner or keeper except for veterinary care, when being sold or given away, or to comply with any provision of law or order of a police officer or animal control officer.
6. Spay or neuter the animal by a licensed veterinarian and present proof to the animal control officer.
7. Provide and maintain financial responsibility for injuries to the public by either:
a. Obtaining and showing proof of liability insurance in an amount considered acceptable under the circumstances by the hearing officer. Proof of liability insurance shall be from an insurer licensed to practice in the state of California, in a single incident amount of not less than $100,000 for each animal, for injury to or death of any person or persons, loss or damage to any property caused by or resulting from any act of such animal. Liability insurance shall not be canceled unless the owner or keeper ceases to own or keep the animal prior to the expiration of that insurance. The insurance shall clearly state that the insurance cannot be canceled, suspended, reduced, or allowed to expire unless 30 calendar days’ written notice is first given to the department. Proof of liability insurance shall be provided annually to the city attorney for approval.
b. Obtaining a surety bond issued by a surety company authorized to conduct business in the state of California in a form acceptable to the city attorney in the sum of at least $300,000 per animal payable to any person injured by the animal. The amount of the bond shall be established by the hearing officer considering the circumstances.
8. Immediately inform the local postmaster, utility company meter readers, and anyone else who lawfully and regularly comes onto the property of the animal’s status as a potentially dangerous or dangerous animal and to inform the department in writing prior to moving the animal to any new location within or outside the city or if the animal dies.
9. Display in a prominent place on the property a sign easily readable by the public, using the words “Beware of Dangerous Animal” in letters at least three inches high.
10. All dangerous dogs shall receive a microchip and permanently wear a “Dangerous Dog” tag. The owner or keeper of the dog shall pay for the microchip and tag. The department shall maintain on file the assigned microchip and tag numbers. The owner or keeper shall immediately notify the department if the tag is lost or stolen and shall pay for a replacement. Failure to report the lost or stolen tag or to replace it shall constitute a misdemeanor.
11. Pay the reasonable costs for the hearing incurred by the city and its officials, not to exceed $1,000.
12. Take any other reasonable steps to prevent injuries to the public, domestic animals, livestock, or property.
In addition, if the hearing officer orders the animal released with conditions, the owner or keeper of the animal shall have 30 calendar days from the receipt of the written disposition to complete any conditions imposed by the hearing officer and to demonstrate such compliance to the department. The hearing officer may grant a written extension of time for compliance not to exceed an additional 30 calendar days. The owner or keeper of the animal must, within 30 calendar days from the receipt of the written disposition, provide the department with a minimum of two color photographs of the animal that clearly show its color and size.
C. If the hearing officer determines that the animal is neither potentially dangerous nor dangerous, the animal shall be returned to the owner as soon as is practicable after receipt of the hearing officer’s notice of determination. If the animal is unlicensed, the owner or keeper shall be cited for failure to obtain a license. (Ord. 17-09 § 8; Ord. 07-72 § 4).
6.28.080 Sale or transfer restrictions.
A. No person shall sell or transfer a potentially dangerous or dangerous animal to any person within the city, unless the recipient permanently resides with the owner or keeper or the owner or keeper has received prior written approval of the director.
B. The owner or keeper of a potentially dangerous or dangerous animal shall not sell or transfer the animal to any person outside the city or otherwise remove the animal from the city without the prior written approval of the director.
C. No person shall bring into the city any animal designated or registered as a potentially dangerous, dangerous, or vicious animal in any other jurisdiction within the United States without the prior written approval of the director. (Ord. 07-72 § 4).
6.28.090 Enforcement and penalties.
A. It shall be unlawful for an owner or keeper not to comply with the conditions imposed by a hearing officer or any other requirements imposed by this chapter. If a failure to comply occurs, the animal shall be subject to immediate seizure and impoundment by the department. The department may additionally order the removal of the animal from the city or seek its destruction if necessary. No animal may be destroyed under this section until 10 calendar days after the owner or keeper has been served with written notice from the hearing officer that the animal will be destroyed. The destruction order shall be stayed if within the 10 calendar days the owner or keeper:
1. Demonstrates to the satisfaction of the hearing officer compliance with the conditions imposed and this chapter; or
2. Files a petition to stay destruction of the animal in the Superior Court of Solano County and serves an endorsed filed copy of the petition on the city manager.
If the owner or keeper of the animal does not take the action described in subsection (A)(1) or (2) of this section, the hearing officer may, without further notice, order the animal to be destroyed. The destruction order notice shall be served either personally or by pre-paid first class mail on the owner or keeper and a copy posted on the property.
B. Any person who violates the provisions of this chapter shall, upon conviction in the Superior Court of Solano County, be fined not less than $500.00 and not more than $1,000. The fine shall be paid to the department for the purpose of defraying the cost of implementing this chapter. The court may also impose a jail term not to exceed 30 calendar days.
C. Any person convicted of violating the provisions of this chapter shall be prohibited from owning or keeping within the county the same type of animal (i.e., dog or cat) for three years from the date of conviction.
D. The provisions of this article may be enforced by the department or by any law enforcement agency, fire department, or other authorized representative of the city.
E. The costs of abating a potentially dangerous or dangerous animal declared to be a public nuisance may be recovered from the owner or keeper as provided by state law.
F. The penalties and remedies in this article are not exclusive but cumulative with all other remedies at law or equity. (Ord. 07-72 § 4).
6.28.100 Exemptions.
The provisions of this chapter shall not apply to:
A. Any dog assisting a police officer or deputy sheriff engaged in law enforcement duties; or
B. Any guide dog for the blind or physically disabled while performing its services; or
C. Any animal shelter owned, operated, or maintained by the department. (Ord. 07-72 § 4).
6.28.110 Removal of designation.
The owner or keeper of a dangerous animal may petition the city manager or designee for a hearing to remove the potentially dangerous or dangerous determination if, for a period of three years following that determination, the animal has not been involved in any incidents of the type which led to the determination. A hearing shall be held within 30 calendar days of receipt of the written petition. Within 10 calendar days after the hearing, the owner or keeper of the animal shall be notified in writing of the hearing officer’s determination. (Ord. 07-72 § 4).