Chapter 6.48
DANGEROUS OR VICIOUS ANIMALS
Sections:
6.48.010 Keeping dangerous/vicious animals.
6.48.020 Procedure to determine if an animal is dangerous or vicious and hearing bond.
6.48.050 Disposition of a dangerous/vicious animal.
6.48.060 Finding of improper or negligent training, handling or maintenance.
6.48.070 Violations for maintaining a dangerous/vicious animal.
6.48.010 Keeping dangerous/vicious animals.
It is unlawful for a person to keep a dangerous or vicious animal, as the term is defined in Section 6.20.280. Any animal which has been found to be dangerous or vicious pursuant to the ordinance code of the city, or of this county, or any other county or city pursuant to any state statute, shall be conclusively presumed to be dangerous or vicious. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.48.020 Procedure to determine if an animal is dangerous or vicious and hearing bond.
A. Animal control officers shall declare any animal to be dangerous or vicious whenever the animal control officer has received evidence that the animal has attacked, bitten or caused injury to any human or other animal. Upon such a declaration the animal control officer shall immediately impound the animal.
B. If the animal declared to be dangerous or vicious pursuant to subsection (A) of this section is wearing a license tag, the animal control officer shall impound the animal and notify the licensed owner within two business days of impoundment that the animal has been declared dangerous or vicious. The notice shall also include the following:
1. A statement of the facts upon which the declaration was based;
2. A statement that the owner has a right to an administrative hearing to review the animal control officer’s determination pursuant to Section 6.48.030;
3. A statement that, unless the animal control officer receives a request for an administrative hearing within five business days of notification, the animal will be killed in a humane manner pursuant to Section 6.48.050(C); and
4. A copy of the text of this chapter and Chapter 6.50.
5. The notice shall be delivered to the animal’s owner personally or posted in a conspicuous location at the owner’s known address or the address provided in the license application.
6. No notice is required if the animal is not wearing a license tag.
C. The owner of an animal declared to be dangerous or vicious may, within five business days of issuance of the notice of impoundment pursuant to subsection (B) of this section, submit a written request for an administrative hearing to review such a declaration. This request must include the owner’s name, address and phone number, and must be accompanied by payment of the care and maintenance bond described in subsection (D) of this section. Any request submitted to a hearing officer without full payment of the care and maintenance bond shall be deemed incomplete and may subject the animal to sale or humane disposal.
D. Any owner requesting an administrative hearing must provide a bond to the city for care and maintenance of the animal. The amount of this bond shall be set by resolution of the city council and adjusted as needed to accurately reflect care and maintenance costs during the hearing process.
E. If the animal is found not to be dangerous or vicious, and the owner is found not to be the cause of the attack, bite or injury by failing to properly train, handle or maintain the animal, then the care and maintenance bond shall be returned in full to the owner.
F. If the animal is found to be dangerous or vicious, or if the owner is found to be the cause of the attack, bite or injury by failing to properly train, handle or maintain the animal, then the care and maintenance bond shall be applied to the actual cost of all charges levied against the animal during the hearing process. If the charges are greater than the required bond, the owner shall be responsible for the remaining charges and a lien shall remain upon the dog until such charges are paid.
G. When an owner has requested an administrative hearing and paid the care and maintenance bond in full, the animal control officer shall set a date and time for such a hearing and send a notice thereof by regular mail at least five business days before such date to the owner at the address set forth on his or her request. The animal control officer shall also notify any victims and the appointed hearing officer. The date of the hearing shall be scheduled within ten business days after the animal control officer receives the request for a hearing and full payment of the care and maintenance bond. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.48.030 Conduct of hearing.
A. Any administrative hearing held in accordance with Section 6.48.020 shall be conducted before a hearing officer.
B. The hearing officer shall be appointed by the city manager at his or her discretion.
C. The hearing shall be open to the public. The owner may be represented by a licensed attorney at law. The hearing officer shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable to the hearing, except that the hearing officer’s decision may not be based wholly on hearsay evidence. The owner and the animal control officer shall each have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues at the hearing even though the matter was not covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the owner does not testify on his or her behalf, he or she may be called and examined as if under cross-examination, except where any criminal charges are pending against the owner or if it is possible that such charges may be brought against the owner. All persons testifying shall be recorded, either through audio recorder or through a shorthand reporter, at the hearing officer’s option, and persons so testifying shall be informed of such recording. The hearing officer shall keep a log of the testimony and documentary evidence received during the hearing, and the documentary evidence submitted to the hearing officer shall be retained by the animal control officer until all appeal periods have elapsed.
D. Any animal which has attacked, bitten or caused injury to a human being or other animal is presumed to be dangerous or vicious and the burden is on the owner to present evidence that the animal is not dangerous or vicious.
E. In making a determination that an animal is or is not dangerous or vicious, evidence of the following shall be considered (not in any specific order of preference):
1. Any previous history of the animal attacking, biting or causing injury to a human being or other animal; however, the lack of any such history shall not be the sole grounds for a determination that the animal is not dangerous or vicious;
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 presence or absence 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 attack or other evidence to show such training or fighting;
7. Whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or other animals;
8. Whether the animal can be effectively trained to change its temperament or behavior;
9. The manner in which the animal has been maintained by its owner or custodian;
10. Any other relevant evidence concerning the maintenance of the animal, including but not limited to evidence that the animal’s license had been revoked on a prior occasion, that the owner was previously required to partake in animal training or meet other obligations of probation, or any other relevant evidence regarding the ability of the owner or custodian to protect the public safety in the future if the animal is permitted to remain in the city. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.48.040 Hearing decision.
A. At the conclusion of the hearing, the hearing officer may determine:
1. That the animal is not a dangerous or vicious animal and should be returned to its owner;
2. That the evidence presented at the hearing is insufficient to determine whether the animal is or is not dangerous or vicious, but the evidence presented is sufficient to determine that the attack, bite or injury was the result of improper or negligent training, handling or maintenance. Upon making such a determination, the animal’s license will be revoked and both animal and owner shall be subject to the probationary provisions set forth in Section 6.48.060; or
3. That the animal is a dangerous or vicious animal and it should be humanely destroyed no sooner than the tenth business day following the service of the notice of the hearing officer’s decision.
B. The decision of the hearing officer shall be in writing and shall be delivered personally to the owner or mailed to him or her by regular mail at the address appearing on the request for hearing. A copy of the decision shall be mailed to the animal control officer. If the decision concludes that the animal is dangerous or vicious, the decision shall include the following notification:
This decision is final. You may seek judicial review of this decision by filing a petition for writ of mandate with the Tulare County Superior Court pursuant to Dinuba Municipal Code Section 6.48.040(C) and California Code of Civil Procedure section 1094.6. If you file such a petition, you must also notify the animal control officer in writing. If you do not file and notify the animal control officer in writing of such a petition within ten days of the date on this decision, the animal control officer will order the destruction of the animal in a humane manner.
C. The decision of the hearing officer shall be considered the final decision. The animal’s owner may seek judicial review of the hearing officer’s decision by filing a petition for writ of mandate with the Tulare County Superior Court, pursuant to the applicable provisions of California Code of Civil Procedure Section 1094.6. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.48.050 Disposition of a dangerous/vicious animal.
A. It is unlawful for any person to own, possess, harbor or keep any animal declared to be dangerous or vicious.
B. Any animal declared to be dangerous or vicious, if not already impounded, shall be immediately surrendered to the animal control officer, and it is the duty of the animal control officer to take up and impound any such animal.
C. An animal control officer shall sign an order authorizing the destruction of any dangerous or vicious animals if any of the following have occurred:
1. If the animal control officer has not received a response from the owner to a notice issued pursuant to Section 6.48.020(B) within the allotted time for a response;
2. If the animal control officer has not received a response from the owner to a notice issued pursuant to Section 6.48.040(B) within the allotted time for a response;
3. Expiration of ten business days from following the entry of a court order upholding the decision of a hearing officer that the animal is dangerous or vicious, or the expiration of any other time period set by court order. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.48.060 Finding of improper or negligent training, handling or maintenance.
If, after declaration by an animal control officer that an animal is dangerous or vicious, the hearing officer determines that the underlying bite, attack or injury was the result of improper or negligent training, handling or maintenance, then the following conditions will be enforced:
A. Training will be required of the owner and the animal. The hearing officer, in consultation with the animal control officer, shall set a probationary period and shall set the terms and conditions of the training and other tasks to be completed by the owner during such period;
B. The current license will be revoked and a “provisional” dog license will be issued during the probationary period;
C. After submission of evidence to the animal control officer of successful completion of the probationary period, the dog shall be issued a current city dog license;
D. Any violation of the probation terms set forth by the hearing officer will result in immediate impoundment of the animal. The impounding officer shall make a new declaration that the animal is dangerous or vicious, and issue a new notice pursuant to Section 6.48.020(B). All provisions of Sections 6.48.020 through 6.48.040 shall apply to any new hearing requested by the owner in response to a notice issued pursuant to this subsection. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.48.070 Violations for maintaining a dangerous/vicious animal.
Each instance whereby an animal attacks, bites or injures a person or animal shall constitute a separate and distinct violation of this chapter. Any person who owns an animal that attacks, bites or injures a person or animal shall be guilty of a misdemeanor and subject to penalties in accordance with all applicable statutes and municipal code sections. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.48.080 Severability.
If any section, subsection, sentence, clause or phrase in this chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed this chapter and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)