Chapter 5.15
DANGEROUS ANIMALS
Sections:
5.15.010 Owner responsibilities.
5.15.040 Permit – Application.
5.15.060 Resolution of disputes.
5.15.070 Permit – Transferability.
5.15.080 Compliance with rules and regulations.
5.15.110 Rules and regulations.
5.15.140 Grounds for summary seizure and impoundment.
5.15.150 Notice of summary seizure and impoundment.
5.15.160 Post-seizure request for hearing.
5.15.170 Hearing following impoundment.
5.15.180 Restrictions after permit denial or revocation.
5.15.010 Owner responsibilities.
Every owner of an animal shall at all times:
(1) Prevent such animal from biting or physically harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property;
(2) Prevent such animal from causing substantial injury to another domestic animal while such domestic animal is lawfully upon public or private property. “Substantial injury” means any injury to an animal which results in veterinarian treatment or death;
(3) Desist from commanding or provoking such animal to attack, sic or threaten a person when such person is peaceably and lawfully upon public or private property. [Ord. 288 § 1, 1990]
5.15.020 Permit – Required.
The owner of an animal identified as a dangerous animal shall obtain and maintain a current, valid dangerous animal permit issued pursuant to this chapter by the council of the city of Biggs. [Ord. 288 § 2, 1990]
5.15.030 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:
(1) “Dangerous animal” means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties or a food-producing animal being raised on a commercial farm or ranch, which demonstrates one or more of the following behaviors or characteristics:
(a) An attack, without provocation, which requires a defensive action by any person to prevent bodily injury or property damage or that results in an injury to a person or property;
(b) Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person when such attack, injury or behavior occurs in a place where such person is conducting himself or herself peaceably and lawfully;
(c) An attack, without provocation, on another animal, which attack occurs off the property of the owner of the attacking animal;
(d) An animal that creates or constitutes a menace to the public’s health and safety due to its training.
(2) “Animal control officer” means any person, whether an employee of the city of Biggs, an independent contractor or an employee of an independent contractor, designated as an animal control officer by the city council of the city of Biggs.
(3) “Owner” means any person who owns or has any ownership or possessory interest in, possesses, keeps, has, maintains or harbors an animal. [Ord. 288 § 3, 1990]
5.15.040 Permit – Application.
The owner of any dangerous animal, as defined in BMC 5.15.030(1), shall within five working days of receipt of written or oral notification by any animal control officer that said animal is dangerous apply for a dangerous animal permit. [Ord. 288 § 4, 1990]
5.15.050 Permit – Fee.
An application for a dangerous animal permit shall be submitted in writing to the city council of the city of Biggs. The application shall be accompanied by a fee of $500.00 and shall contain the name of the applicant, applicant’s address, the applicant’s home and business phone numbers, the address and description of the proposed location where the animal will be kept and a complete description and a color photograph of the animal. [Ord. 288 § 5, 1990]
5.15.060 Resolution of disputes.
In the event identification of a domestic animal as dangerous is disputed:
(1) Hearing Request. If the owner of the animal disputes the animal control officer’s identification of the animal as a dangerous animal, he or she may, within five working days of receipt of the notification, submit a written request for a hearing to the city council of the city of Biggs. Failure of the owner to make a timely request for a hearing shall result in the animal being declared dangerous, and the owner shall be required to comply with the requirements of BMC 5.15.020 and 5.15.040 to apply for a permit.
(2) Hearing. A hearing pursuant to this section shall be conducted in an informal manner by the city council of the city of Biggs. The hearing should be held within 10 days of the receipt of the hearing request. The hearing may be continued if the city council of the city of Biggs deems it necessary and proper or if the owner or animal control officer shows good cause. Both the owner of the animal and the animal control officer may present relevant evidence and call and cross-examine witnesses, but the strict rules of evidence shall not be applicable. The city council of the city of Biggs or designated representative shall render a brief written decision within 10 days of the conclusion of the hearing. Said decision shall be final. [Ord. 288 § 6, 1990]
5.15.070 Permit – Transferability.
A permit obtained under this section is not transferable. If the permittee’s address or the location where the animal is kept changes, or the animal is sold, assigned, donated, leased or otherwise transferred or disposed of, the permit automatically becomes void and new application must be submitted to the city council of the city of Biggs pursuant to BMC 5.15.050. [Ord. 288 § 7, 1990]
5.15.080 Compliance with rules and regulations.
The issuance of a dangerous animal permit shall be conditioned upon the animal owner promising in writing to comply with the rules and regulations specified in BMC 5.15.110 and to any reasonable criteria related to the proper care, control, maintenance and use of the animal which the city council of the city of Biggs shall establish. [Ord. 288 § 8, 1990]
5.15.090 Permit – Duration.
A permit issued pursuant to this chapter shall be valid for one year unless it becomes void pursuant to BMC 5.15.070 or is revoked pursuant to BMC 5.15.130. If the permittee fails to file an application for a new permit pursuant to BMC 5.15.050 prior to the permit anniversary date, the permit shall automatically become void. [Ord. 288 § 9, 1990]
5.15.100 Permit – Denial.
The city council of the city of Biggs may deny a dangerous animal permit.
(1) Grounds. The city council of the city of Biggs may deny a dangerous animal permit in any of the following situations:
(a) When the applicant or permit holder has willfully withheld or falsified any information required for a permit;
(b) If the applicant or permit holder has been convicted within the past five years by a court of law for any violation of this chapter, or any other law(s) relating to animals, public nuisance caused by animals, in this or any other state. For purposes of this section, a forfeiture of bail shall be deemed to be a conviction of the offense charged;
(c) Whenever the animal owner fails to allow the animal control officer or other designated representative to conduct an inspection of the owner’s property where the animal is kept or proposed to be kept;
(d) Whenever the owner of the dangerous animal fails to comply with any of the rules and regulations of BMC 5.15.110;
(e) Whenever an attack against a human being by the animal has resulted in substantial injury or fatality.
(2) Surrender or Removal of Animal. Upon written or oral notification being given that a dangerous animal permit has been denied, the owner of such animal shall, within three calendar days of such notification, surrender said animal to the animal control officer or provide written proof to the city council of the city of Biggs in the form of a declaration under penalty of perjury that such animal has been permanently removed from the city of Biggs to an identified location. [Ord. 288 § 10, 1990]
5.15.110 Rules and regulations.
The owner of a dangerous animal shall comply with the following rules and regulations:
(1) When the animal is off the property of its owner it must be restrained in a cage or with a leash not to exceed three feet in length and shall be under the direct control of a responsible adult capable of restraining such animal.
(2) The animal must be maintained so that it is not a threat to any mail carrier, sanitation worker, meter reader, or other person who has the lawful right, either by expressed or implied consent, to enter the property where the animal is kept.
(3) The animal shall be kept in a covered kennel, covered run or enclosure approved by the animal control officer and the city council of the city of Biggs, and maintained in such a manner to ensure that it is always secure to keep the animal inside.
(4) Each entrance to the property where the animal is kept shall be posted with a legible sign, conspicuous to the public, warning persons of the presence of said dangerous animal and containing an accurate description or picture thereof.
(5) The owner shall notify all persons residing in the same household or on the same premises that the dangerous animal permit exists and of the conditions of said permit.
(6) All local and state laws regarding the care, use, control and maintenance of animals shall be strictly complied with.
(7) In addition to any registration tag required to be worn pursuant to this chapter, the animal shall at all times wear a separate tag issued by the city council of the city of Biggs designating it as a dangerous animal.
(8) The dangerous animal permit number assigned to it shall, at the expense of the animal’s owner or possessor and within 20 days of issuance of said permit, be tattooed upon the animal by a licensed veterinarian or person trained as a tattooist and authorized as such by any state, county or city law.
(a) The tattoo shall be placed inside the right ear of the animal unless otherwise directed by the city council of the city of Biggs.
(b) For the purposes of this section “tattoo” shall be defined as any permanent numbering of a dangerous animal by means of indelible or permanent ink with the permit number or any other permanent, acceptable method of tattooing approved by the city council of the city of Biggs.
(9) Prior to the issuance of the permit, the owner shall submit to the city council of the city of Biggs proof of his or her financial responsibility to pay, at all times during the term of the permit, damages for bodily injury to or death of any person or persons which may result from the ownership, keeping or maintenance of such animal. Such proof shall be in a form satisfactory to the city council of the city of Biggs. Submission of a certificate of insurance duly executed by an insurance company or companies authorized to transact business in the state of California and certifying that the owner has in full force and effect liability insurance in a minimum amount of $100,000 for bodily injury to or death of any person or persons which may result from the ownership, keeping or maintenance of such animal shall be deemed satisfactory proof of financial responsibility. Any such certificate of insurance shall specify that the insurer shall advise the city council of the city of Biggs at least 30 days in advance of cancellation, material change or nonrenewal of such policy of insurance. [Ord. 288 § 11, 1990]
5.15.120 Inspections.
Permits issued pursuant to this chapter shall provide that, as a condition for issuance, the premises upon which an animal is maintained shall, upon the request of the animal control officer, be opened at any reasonable hour for inspection by the animal control officer. [Ord. 288 § 12, 1990]
5.15.130 Permit – Revocation.
(1) Grounds. Subject to the provisions of subsection (2) of this section, any dangerous animal permit issued pursuant to this chapter may be revoked by the city council of the city of Biggs if it has reasonable cause to believe any of the following is true:
(a) The permittee, or the person caring for or having control or possession of the animal, has violated any local animal ordinance, zoning, health and safety or building ordinance or Penal Code section relating to the keeping, care or use of any animals.
(b) The permittee or the person caring for or having control or possession of the animal has violated or allowed to be violated any rules, regulations or conditions of the dangerous animal permit.
(2) Notice. If, after investigation, the city council of the city of Biggs concludes that one or more of the above grounds for revocation has occurred, he shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before the city council of the city of Biggs. Said hearing date shall be not less than five days subsequent to the date the notice is mailed. After the informal hearing, the city council of the city of Biggs may modify the terms of the permit or revoke the permit.
(3) Surrender or Removal of Animal. Upon written or oral notification of the revocation of a dangerous animal permit, the owner of such animal shall, within three calendar days of such notification, surrender said animal to the animal control officer or provide written proof to the city council of the city of Biggs in the form of a declaration under penalty of perjury that such animal has been permanently removed from the city of Biggs. [Ord. 288 § 13, 1990]
5.15.140 Grounds for summary seizure and impoundment.
Notwithstanding any other provision of this chapter, the city council of the city of Biggs, an animal control officer or a peace officer may summarily seize and impound an animal pending any hearing pursuant to this chapter where there are reasonable grounds to believe that the animal:
(1) Poses an immediate threat or danger to the public or to an animal’s health and safety; or
(2) Has demonstrated any one or more of the behaviors or characteristics set out in BMC 5.15.030 and does not have a valid dangerous animal permit; or
(3) Is subject to a valid dangerous animal permit, and has not been kept or maintained in accordance with the terms thereof. [Ord. 288 § 14, 1990]
5.15.150 Notice of summary seizure and impoundment.
(1) If the owner of the animal is not present when the animal is seized and impounded, the animal control officer shall post a notice of such impoundment on the front door or other appropriate place at the residence of such person, which notice shall state:
(a) That the animal has been impounded;
(b) Where the animal is being held;
(c) The name, address, and telephone number of the agency or person to be contacted regarding release of the animal;
(d) The consequences as specified in BMC 5.15.160 of not requesting a hearing within 72 hours of the animal’s seizure.
(2) If the owner of the animal is present at the time of the seizure, that person shall be given a written notice with the same information as specified in subsection (1) of this section. [Ord. 288 § 15, 1990]
5.15.160 Post-seizure request for hearing.
(1) If the owner of the animal seeks to have the animal released from impoundment, that person shall submit a request for hearing to the city council of the city of Biggs within 72 hours of seizure.
(2) The said 72-hour period does not include the dates the impounding agency is closed to the public.
(3) If no request for hearing is submitted as specified in subsection (1) of this section, a letter shall be sent by certified mail to the animal owner’s last known address notifying him or her that the animal may be destroyed or otherwise disposed of following 120 hours from the seizure. [Ord. 288 § 16, 1990]
5.15.170 Hearing following impoundment.
(1) Hearing Date. Except as otherwise provided, the owner of any animal impounded pursuant to this chapter is entitled to a hearing conducted by the city council of the city of Biggs within 10 days of receipt of a request for hearing.
(2) Continuance. A hearing may be continued if the city council of the city of Biggs deems it necessary and proper or if the owner or the animal control officer shows good cause.
(3) Evidence. The owner of the animal and animal control officer may present relevant evidence and call and cross examine witnesses, but the strict rules of evidence shall not be applicable.
(4) Decision. The city council of the city of Biggs or designated representative shall render a brief written decision within 10 days of the conclusion of the hearing. Said decision shall be final and may:
(a) Order that the animal will be destroyed, if the animal has bitten or injured a person or domestic animal;
(b) Declare the animal to be a dangerous animal as defined in BMC 5.15.030; or
(c) Require the owner or possessor, before the animal is released to his or her custody, to obtain a dangerous animal permit pursuant to this chapter. [Ord. 288 § 17, 1990]
5.15.180 Restrictions after permit denial or revocation.
Any person who has had a dangerous animal permit denied or revoked pursuant to this chapter shall not own or have any ownership or possessory interest in, possess, keep, have, maintain, harbor or be in charge of any dangerous animal for a period of three years from the date said animal was declared dangerous pursuant to this chapter or from the denial or revocation of the permit, whichever date is later. The city council of the city of Biggs shall not issue or renew any dangerous animal permit to or for said person within said three-year period. [Ord. 288 § 18, 1990]
5.15.190 Violations.
(1) Infraction – Each Day a Separate Offense. Any animal owner violating any provision of this chapter or any of the terms or conditions of a dangerous animal permit issued hereunder shall be deemed guilty of an infraction. Each and every day or portion thereof that such person violates or continues to violate any such provision, terms or conditions constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation.
(2) Nuisance. Any violation of any provision of this chapter or any of the terms or conditions of a dangerous animal permit issued hereunder is hereby declared to be a public nuisance and may be abated as provided by law.
(3) Remedies Cumulative. The remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter bars any legal, equitable, administrative or summary remedy to which any aggrieved public agency, person, firm, corporation or partnership may otherwise be entitled. [Ord. 305 §§ 5, 6, 1996; Ord. 288 § 19, 1990]