Chapter 7.06
DANGEROUS ANIMALS
Sections:
7.06.050 Temporary impoundment or confinement.
7.06.070 Notification and appeal.
7.06.080 Dangerous animals – Disposition.
7.06.090 Transfer and training of dangerous animals.
7.06.100 Enforcement and penalties.
7.06.010 Purpose.
The keeping of an animal defined as dangerous under this chapter shall be declared a public nuisance and shall be abated in accordance with the provisions of this chapter. The procedure for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law including, but not limited to, Cal. Civ. Code § 3342.5.
Further, this chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is dangerous. [Ord. 12-004.]
7.06.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent:
“Abuse” or “abused” animal means an animal which is:
1. Mistreated, beaten, tormented or teased;
2. Deprived of water, food or shelter;
3. Kept under unsanitary conditions;
4. Abandoned; or
5. Trained for fighting other animals or trained to attack or fight human beings.
“Animal Control Officer” means any person or entity designated under this chapter as the Animal Control Officer for the City, including, but not limited to, any police officer or City employee designated to enforce the animal control regulations of this chapter.
“Dangerous animal” means any of the following:
1. Any animal seized under Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner under Cal. Penal Code § 597.5(a).
2. Any animal which, when unprovoked, inflicts injury on or kills a human being.
3. Any animal which, when unprovoked, engages in an aggressive conduct requiring defensive action by any person to avoid bodily injury.
4. Any animal which has killed or injured a domestic animal.
“Dangerous animal” does not mean any animal in a situation in which it is shown that the person or domestic animal suffering the injury or damage had, at the time of the injury or damage:
1. Provoked, tormented, teased, abused or assaulted the animal into the behavior alleged;
2. Committed a willful trespass or other tort upon the private property of the owner of the animal;
3. Committed or attempted to commit a crime; or
4. Threatened or committed an unjustified attack or assault against the owner or person in control of the animal.
“Enclosure” means a fence or structure of at least six (6) 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 of the animal. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Cal. Penal Code § 597t.
“Hearing officer” means the person appointed by the Chief of Police to serve as the hearing officer under this chapter.
“Impounded” means taken into the custody of the Animal Control Officer or the County animal shelter.
“Owner” means the owner, keeper or person having custody, control or possession of an animal.
“Person” means a natural person or any legal entity, including but not limited to a corporation, firm, partnership or trust. [Ord. 12-004.]
7.06.030 Inspection.
Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter, or whenever any police officer or Animal Control Officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or other applicable law, a police officer or Animal Control Officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon a police officer or Animal Control Officer by this chapter or other applicable law; provided, that:
A. If such property is occupied, he/she shall first present proper credentials to the occupant and request entry explaining the reasons therefor. If such entry is refused, the police officer or Animal Control Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant.
B. If such property is unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefor. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the police officer or Animal Control Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant.
C. Notwithstanding the foregoing, if a police officer or Animal Control 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, he/she shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he/she shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and purpose of the inspection.
D. No person shall interfere with, hinder, fail or refuse, after proper demand has been made upon him or her as provided in subsection C of this section, to permit any police officer or Animal Control Officer to make any inspection provided by said subsection C of this section. Any person violating this section may be charged with a misdemeanor. [Ord. 12-004.]
7.06.040 Animals at large.
A person who owns or is in charge of or controls or who possesses an animal who permits, allows, or causes the animal to run, stray, be uncontrolled or in any manner be in, upon, or at large 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 such animal bites, attacks or causes injury to any human being or other animal.
Any person so convicted of violating this section shall not own, possess, control or have custody of any animal of the type which caused the bite, attack or injury for a period of three (3) years after the date of conviction. [Ord. 12-004.]
7.06.050 Temporary impoundment or confinement.
A. The Animal Control Officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending:
1. Any court proceeding; or
2. A hearing to be held pursuant to DMC 7.06.060.
The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be dangerous.
B. Failure to surrender to the Animal Control Officer upon demand an animal which is subject to being impounded pursuant to this section shall be a misdemeanor.
C. An animal impounded pursuant to the authority of this section shall be returned to the owner as provided by DMC 7.06.080, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to DMC 7.06.060 to declare the animal a dangerous animal has not been served on the owner or custodian within ten (10) working days after the impoundment.
D. In lieu of impounding and if not contrary to public safety, the Animal Control Officer may permit the animal to be confined at the owner’s expense in an Animal Control Officer-approved kennel or veterinary facility or at the owner’s residence provided the owner:
1. Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the Animal Control Officer; and
2. Shall make the animal available for observation and inspection by the Animal Control Officer or members of law enforcement or their authorized representatives.
E. The Animal Control Officer shall dictate to the owner the exact way the animal is to be restrained while awaiting the hearing. [Ord. 12-004; amended during 2013 recodification.]
7.06.060 Hearing procedures.
A. Petition. If the Animal Control Officer has investigated and determined that there exists probable cause to believe that an animal is dangerous, the Animal Control Officer shall petition the hearing officer for a hearing for the purpose of determining whether the animal should be declared dangerous.
B. Notice. The hearing officer shall notify the owner of the animal that a hearing will be held, at which time the owner may present evidence as to why the animal should not be declared dangerous. The notice, together with a copy of the petition, shall be served upon the owner, either personally or by prepaid first class mail, return receipt requested. The hearing shall be held promptly within no less than five (5) working days nor more than ten (10) working days after service of the notice on the owner of the animal.
C. Conduct of Hearing. The hearing officer shall conduct the hearing in an informal manner and shall afford the owner of the animal an opportunity to present evidence as to why the animal should not be declared dangerous. The formal rules of evidence shall not apply; however, whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the Animal Control Officer to find probable cause shall be sworn to and verified by the complainant and attached to the petition filed by the Animal Control Officer. The hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.
D. Recording. The proceedings at the hearing may be tape recorded if ordered by the hearing officer or requested by the owner of the animal or by any person who has either filed a complaint with the Animal Control Officer concerning the animal or who has been injured by the animal. Such a request may also be made by a parent of a minor who has been injured by the animal. A stenographic report shall also report the proceedings if ordered by the hearing officer or requested by the owner, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof.
E. Failure to Appear. The hearing officer may decide all issues for or against the owner of the animal even if the owner fails to appear at the hearing.
F. Determinations of Dangerous Animals – Evidence. In making a determination that an animal is or is not dangerous, evidence of the following shall be considered:
1. Any previous history of the animal attacking, biting or causing injury to a human being or other domestic animal;
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 any characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or other 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 had been maintained or cared for by its owner;
10. Any other relevant evidence concerning the maintenance or care of the animal; and
11. Any other relevant evidence regarding the ability of the owner or the Animal Control Officer to protect the public safety in the future if the animal is permitted to remain in the City.
G. Dangerous Animal Declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is dangerous and may make other orders authorized by this chapter and other law. [Ord. 12-004.]
7.06.070 Notification and appeal.
After the hearing conducted pursuant to DMC 7.06.060, the owner of the animal shall be notified in writing of the determination and orders issued, either personally or by first class mail postage prepaid by the hearing officer. If a determination is made that the animal is dangerous, the owner shall comply with the hearing officer’s determination and orders in accordance with a time schedule established by the hearing officer, but in no case more than thirty days (30) after the date of the determination or thirty-five (35) days if notice of the determination is mailed to the owner of the animal. If the Animal Control Officer or the owner of the animal contests the determination, he or she may, within five (5) days of the receipt of the notice of determination, appeal the decision to the Solano County Municipal Court as provided in Cal. Food & Agric. Code § 31622. [Ord. 12-004.]
7.06.080 Dangerous animals – Disposition.
A. The owner of an animal which has bitten any person or a domestic animal, or has otherwise been determined, after a hearing, to be dangerous, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which contains any or all of the following conditions requiring the owner:
1. Registration. To immediately register the animal that is found to be dangerous with the Animal Control Officer and to keep such animal properly vaccinated at all times. The fee to keep or maintain one (1) dangerous animal shall be fifty dollars ($50.00) for a twelve (12) month term, and the fee for each additional dangerous animal shall be twenty-five dollars ($25.00). The fee shall be paid for each twelve (12) month term. Should the animal die in any twelve (12) month term, the owner shall notify the Animal Control Officer of the death within two (2) working days of the death;
2. Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the Animal Control Officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine the animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house an animal must comply with all zoning and building regulations of the City. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition;
3. Confinement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person eighteen (18) years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure;
4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the Animal Control Officer;
5. Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless thirty (30) days’ written notice is first given to the Animal Control Officer and the City Clerk’s office;
6. Notification. To immediately inform any city, county, postmaster or utility company meter readers and anyone else that lawfully comes onto the property of the animal’s dangerousness and to inform the Animal Control Officer and/or the hearing officer if the animal is moved to another location inside or outside the City limits as provided in DMC 7.06.090;
7. Signs. To display in a prominent place on the premises a sign easily readable by the public using the words “Beware of Dog” or “Beware of Animal” in letters at least three (3) inches high;
8. Numbers and Tattoo. To have the licensing number assigned to such animal, or such other identification number as the hearing officer shall determine, tattooed by a licensed veterinarian on the animal’s inner thigh. For the purposes of this section, “tattoo” shall be defined as any permanent numbering of an animal by means of indelible or permanent ink or by means of electronic identification devices attached to or implanted in the animal, including microchips;
9. Inspection. To consent and agree to the entry upon the premises of any police officer or Animal Control Officer for the purpose of inspecting the animal and/or premises;
10. Payment of Cost. To make reasonable payment of costs incurred by the City and the Animal Control Officer in the hearing process, not to exceed one thousand dollars ($1,000.00);
11. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public.
The owner of the animal shall comply with the conditions imposed by the hearing officer within the time limit specified in DMC 7.06.070.
B. No dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such 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 exiting the structure.
C. If, following the hearing, the subject animal is found to be dangerous and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner it would create a significant threat to the public health, safety, or welfare, such animal may be destroyed as permitted under Cal. Food & Agric. Code § 31645 or its successor provisions. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, DMC 7.06.100(A), which authorizes the hearing officer to order an animal destroyed for violation of this chapter or failure to meet a condition imposed by the hearing officer.
D. Any decisions made by the hearing officer shall be final.
E. If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, then the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be dangerous, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
F. If such an unlicensed animal has not been determined to be dangerous, it shall be returned to the owner, subject to the issuance of a citation for failure to obtain a license. A nondangerous stray animal will be handled as any other stray animal.
G. In such cases where an impounded licensed animal is found to be dangerous, the animal may be released subject to the conditions set forth in subsection A of this section. [Ord. 12-004.]
7.06.090 Transfer and training of dangerous animals.
A. Sale or Transfer within City. No person shall sell, transfer or in any other way dispose of an animal deemed dangerous under this chapter to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the owner of such animal.
B. Sale or Transfer outside City. The owner of an animal that has been deemed dangerous under this chapter may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the City, provided the owner first notifies the hearing officer and the Animal Control Officer of the proposed sale or transfer. Such notice shall be given not less than fifteen (15) days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the Animal Control Officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the Animal Control Officer.
C. Sale or Transfer into City. It shall be unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the City limits that has been deemed by another governmental jurisdiction to be dangerous, vicious, or a threat to the safety of human beings or domestic animals. The Animal Control Officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the City. Should such person fail to comply with the Animal Control Officer’s order, the Animal Control Officer may summarily and immediately impound the animal. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may then be disposed of in accordance with the provisions of this chapter.
D. Fight Training and Animal Abuse Prohibited. It shall be unlawful to use, train, keep, harbor, own or in any way possess or transport through the City an animal for the purpose of animal fight exhibitions. Scars and wounds are rebuttable evidence of participation in animal fight exhibitions or training. “Fight training” is defined to include, but not limited to:
1. The use or possession of treadmills for fight training;
2. Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions;
3. The use of weights on the animal for fight training;
4. The use of other animals for blood sport training;
5. Any other activity, the primary purpose of which is the training of animals for aggressive or vicious behavior or animal fight exhibitions.
6. It shall further be unlawful for anyone to knowingly abuse any animal within the City limits.
E. Rewards. Subject to the budgetary and fiscal provisions of the City Code, the City is authorized to offer rewards not exceeding two hundred fifty dollars ($250.00) to any person providing information leading to the arrest of any person for violations of prohibitions against the training of an animal for fight exhibitions. The City Council may authorize said rewards by resolution upon the request of the City Manager, Animal Control Officer or the Mayor. [Ord. 12-004.]
7.06.100 Enforcement and penalties.
A. Failure to Comply. It is unlawful for the owner of an animal deemed dangerous under this chapter to fail to comply with the requirements and conditions set forth in this chapter. Any animal found to be the subject of a violation of this chapter or of any condition imposed by the hearing officer pursuant to DMC 7.06.080 shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the immediate removal of the animal from the City and may result in destruction of the animal. No such animal, however, may be destroyed until the owner of the animal has received written notice from the hearing officer that the animal will be destroyed unless, within fourteen (14) days from the date of the notice:
1. The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this chapter, including, but not limited to, the conditions imposed by the hearing officer pursuant to DMC 7.06.080; or
2. The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer.
The notice from the hearing officer shall be served upon the owner either personally or by prepaid first class mail. If, after fourteen (14) days from the date of such notice, the owner has not complied with the provisions of subsection (A)(1) or (2) of this section, the hearing officer may, without further notice or process, have the animal destroyed.
B. Violations and Penalties. Any violation of this chapter involving a dangerous animal shall be a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00).
C. Ownership of Dangerous Animals. The owner of an animal determined to be dangerous under this chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three (3) years from the date of violation when it is found after the hearing conducted pursuant to DMC 7.06.060 that ownership or possession of such animal by that person would create a significant threat to public health, safety or welfare.
D. Enforcement. Any provision of this chapter may be enforced by the police department, fire department, the Animal Control Officer or any authorized designee of the Chief of Police. Complaints of any violations of this chapter which are subject to penalties under this section may be presented to the District Attorney’s office or to the City Attorney for prosecution.
E. Nuisance Abatement Lien. The costs of abating a public nuisance pursuant to the provisions of this chapter may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within thirty (30) days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by Cal. Gov’t Code § 38773.1. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in Cal. Gov’t Code § 38773.1.
F. Penalties and Remedies Cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue any one (1) or more of the penalties or remedies provided for herein or at law or in equity. [Ord. 12-004.]
7.06.110 Exemptions.
The provisions contained in this chapter shall not apply to:
A. Any dog while utilized by any police department or any law enforcement officer in the performance of police work;
B. Any animal shelter owned, operated or maintained by the Animal Control Officer; or
C. Any licensed kennel, humane society shelter, animal control facility or veterinarian. [Ord. 12-004.]