Chapter 7.12
DANGEROUS AND VICIOUS ANIMALS
Sections:
7.12.020 Initial determination and hearing for potentially dangerous or vicious animal.
7.12.030 Hearing decision—Appeal.
7.12.040 Failure to appear at hearing.
7.12.050 Finality of decision.
7.12.060 Impoundment pending hearing.
7.12.070 Circumstances under which an animal may not be declared potentially dangerous or vicious.
7.12.080 Additional designation and licensing of potentially dangerous animals.
7.12.090 Keeping and controlling potentially dangerous animals.
7.12.100 Notification of death, sale, transfer or permanent removal of potentially dangerous animal.
7.12.110 Periodic inspections—Removal of designation of potentially dangerous animals.
7.12.120 Disposition of vicious animals.
7.12.130 Prohibition of animal ownership by vicious animal owner.
7.12.140 Fines for violations.
7.12.010 Purpose of chapter.
This chapter is enacted to protect the health, safety and welfare of occupants of the city from potentially dangerous or vicious animals. This chapter is enacted pursuant to the police powers of the city and California Food and Agricultural Code Sections 31621 and 31683, which authorize cities to establish administrative hearing procedures for determining whether a dog is potentially dangerous or vicious. (Ord. 1120 § 2 (part), 2009)
7.12.020 Initial determination and hearing for potentially dangerous or vicious animal.
A. If an animal services officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, the chief of animal services shall impound the animal, prepare a written report of the animal services officer’s findings, and set a hearing before an independent hearing officer for the city for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal services officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be submitted as evidence in any such hearing. The chief of animal services shall notify the owner or keeper of the animal that a hearing will be held before an independent hearing officer at which time he or she may present evidence as to why the animal should not be declared potentially dangerous or vicious.
B. The owner or keeper of the animal shall be served with notice of the hearing and a copy of the animal services officer’s report, either personally or by first-class certified mail. The hearing shall be held promptly and not less than seven days nor more than fourteen days after service of notice upon the owner or keeper of the animal, unless otherwise agreed by the owner and the city. 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. 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 in question is potentially dangerous or vicious. The hearing officer may find, upon a preponderance of the evidence, that the animal is potentially dangerous or vicious and may make such orders as authorized by this chapter and other applicable law.
C. Notwithstanding the foregoing, should the animal services officer make a determination that there exists probable cause to believe that an animal is potentially dangerous or vicious, and the owner or keeper of the animal consents in all particulars to the recommendations of the animal services officer regarding disposition of the case and the determination regarding the animal, no hearing need be held. 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 animal services officer’s determination, or made arrangements to do so. The owner or keeper of the animal shall sign an agreement with the city of Folsom in a form to be approved by the city attorney which sets forth all of the terms and conditions regarding continuing ownership of the animal and complete compliance with the provisions of this code. (Ord. 1127 § 2 (part), 2010; Ord. 1120 § 2 (part), 2009)
7.12.030 Hearing decision—Appeal.
A. After the hearing conducted pursuant to Section 7.12.020, the owner or keeper 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 potentially dangerous, the owner or keeper shall register the animal with the city and pay a potentially dangerous animal registration fee pursuant to Section 7.12.080 and in accordance with the time established by the hearing officer, but in no case more than thirty days after the date of the determination. If the city or the owner or keeper of the animal contests the determination, he, she or it may, within five days of personal service of the notice of determination, or ten days if service is made by mail, appeal the decision of the hearing to the Superior Court pursuant to California Food and Agricultural Code Section 31622. The person filing the appeal shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party.
B. The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized by this title or other applicable law, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Food and Agricultural Code Section 31621(a). The issue shall be decided upon the preponderance of the evidence, and the city shall bear the burden of proof in demonstrating that an animal is potentially dangerous or vicious. If the court rules the animal to be potentially dangerous or vicious, the court may issue any appropriate orders and establish a time schedule to ensure compliance with this chapter, but in no case more than thirty days after the ruling. (Ord. 1120 § 2 (part), 2009)
7.12.040 Failure to appear at hearing.
The hearing officer or court hearing the appeal may decide all issues for or against the owner or keeper of the animal even if the owner or keeper fails to appear at the hearing. (Ord. 1120 § 2 (part), 2009)
7.12.050 Finality of decision.
The determination of the court hearing the appeal shall be final and conclusive upon all parties, and there shall be no right to a further appeal. (Ord. 1120 § 2 (part), 2009)
7.12.060 Impoundment pending hearing.
A. Unless otherwise directed by a hearing officer or court, animals seized pursuant to this chapter shall be impounded at the animal shelter pending the hearings to be held pursuant to this chapter. The owner or keeper of the animal shall be liable to the city for all city costs and expenses of keeping the animal.
B. When an animal has been impounded pursuant to this chapter and it is not found contrary to public safety by the chief of animal services, the chief of animal services may permit the animal to be confined at the owner’s expense in a kennel or veterinary facility approved by the chief of animal services. (Ord. 1120 § 2 (part), 2009)
7.12.070 Circumstances under which an animal may not be declared potentially dangerous or vicious.
An animal may not be declared potentially dangerous or vicious under any of the following circumstances:
A. The injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal;
B. The injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing or attempting to commit a crime, including, but not limited to, injury or damage sustained from law enforcement dogs or animals;
C. The animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault;
D. The injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the animal;
E. The injury or damage to a domestic animal was sustained while the animal was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. (Ord. 1120 § 2 (part), 2009)
7.12.080 Additional designation and licensing of potentially dangerous animals.
All potentially dangerous animals shall be properly licensed and vaccinated pursuant to this title. The animal services department shall include a potentially dangerous designation in the registration records of the animal, either after the owner or keeper of the animal has agreed to the designation or the court or hearing officer has determined the designation applies to the animal. The owner shall annually pay to the city a potentially dangerous animal fee in addition to all regular licensing fees, as established by resolution of the city council, to provide for the increased costs of maintaining the records of and monitoring the animal. The owner shall also agree to defend, indemnify, and hold harmless the city and its officer and agents from any damage or injury caused by the vicious animal. (Ord. 1120 § 2 (part), 2009)
7.12.090 Keeping and controlling potentially dangerous animals.
A potentially dangerous animal, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the animal cannot escape, and into which children cannot enter. A potentially dangerous animal may be off the owner’s premises only if it is restrained by a substantial leash or other restraint, and if it is under the direct control of a responsible adult at all times. (Ord. 1120 § 2 (part), 2009)
7.12.100 Notification of death, sale, transfer or permanent removal of potentially dangerous animal.
If a potentially dangerous animal dies, or is sold, transferred, or permanently removed from the city, the owner of the potentially dangerous animal shall notify the animal services department of the changed condition and new location of the animal in writing within three days. (Ord. 1120 § 2 (part), 2009)
7.12.110 Periodic inspections—Removal of designation of potentially dangerous animals.
A. The animal services department shall have the right to monitor and periodically inspect all potentially dangerous animals and the premises upon which they are kept within the city. The owner or keeper of such animals shall allow for such monitoring and inspection upon reasonable notice by the animal services department, which notice need not be more than twenty-four hours, and may be less, depending on the circumstances.
B. If there are no additional instances of the behavior defining a potentially dangerous animal, as specified herein, within a thirty-six-month period from the date of designation as a potentially dangerous animal, the animal shall be removed from the city’s list of potentially dangerous animals. The animal may be, but is not required to be, removed from the list of potentially dangerous animals prior to the expiration of the thirty-six-month period if the owner or keeper of the animal demonstrate to the satisfaction of the chief of animal services that changes in circumstances or measures taken by the owner or keeper, such as training of the animal, have substantially mitigated the risk to the public safety. (Ord. 1120 § 2 (part), 2009)
7.12.120 Disposition of vicious animals.
A. An animal determined to be a vicious animal may be ordered euthanized by the hearing officer when it is found, after proceedings pursuant to this chapter, that the release of the animal would create a threat to the public health, safety, and welfare.
B. If it is determined by the hearing officer or court that an animal found to be vicious shall not be euthanized, the hearing officer or court shall impose conditions upon the ownership of the animal that protect the public health, safety, and welfare, which may include, but not be limited to, requiring the owner or keeper to keep the animal in an enclosure comprised of a sufficiently high fence and/or covered structure with adequate flooring suitable to prevent the entry of young children and escape of the animal by digging or going over, through, or around the fence or structure, and to confine the vicious animal in conjunction with other measures to be taken by the owner or keeper of the animal and designed to prevent the animal from escaping.
C. All vicious animals allowed to be kept by the owner shall be properly licensed and vaccinated pursuant to this title. The animal services department shall include a vicious animal designation in the registration records of the animal, either after the owner or keeper of the animal has agreed to the designation or the court or hearing officer has determined the designation applies to the animal. The owner shall annually pay to the city a vicious animal fee in addition to all regular licensing fees, as established by resolution of the city council, to provide for the increased costs of maintaining the records of and monitoring the animal. The owner shall also agree to defend, indemnify, and hold harmless the city and its officer and agents from any damage or injury caused by the vicious animal.
D. The animal services department shall have the right to monitor and periodically inspect all vicious animals and the premises upon which they are kept within the city. The owner or keeper of such animals shall allow for such monitoring and inspection upon reasonable notice by the animal services department, which notice need not be more than twenty-four hours, and may be less, depending on the circumstances. (Ord. 1120 § 2 (part), 2009)
7.12.130 Prohibition of animal ownership by vicious animal owner.
The owner of an animal determined to be a vicious animal may be prohibited by the city from owning, possessing, controlling, or having custody of an animal for a period of up to three years, when it is found, after proceedings conducted pursuant to this chapter, that ownership or possession of an animal by that person would create a threat to the public health, safety, and welfare. (Ord. 1120 § 2 (part), 2009)
7.12.140 Fines for violations.
Any violation of this title involving a potentially dangerous animal shall be punished by a fine not to exceed five hundred dollars. Any violation of this title involving a vicious animal shall be punished by a fine not to exceed one thousand dollars. (Ord. 1120 § 2 (part), 2009)