CHAPTER 7.24
POTENTIALLY DANGEROUS AND VICIOUS DOGS
Section
7.24.010 Authority and purpose
7.24.020 Investigation of potentially dangerous and vicious dogs
7.24.040 Abatement order and conditions
7.24.050 Notice and service requirements
7.24.060 Transfer and training of potentially dangerous or vicious dogs
7.24.070 Ownership of vicious dogs
7.24.010 AUTHORITY AND PURPOSE.
A. Authority. Pursuant to Cal. Food and Agricultural Code § 31683 and the City’s general police powers, the City adopts this chapter regulating potentially dangerous and vicious dogs.
B. Purpose. The keeping of a dog defined as potentially dangerous or vicious 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 ordinances or abating public nuisances in any other manner provided by law. Furthermore, this chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance a dog that is potentially dangerous or vicious.
(Ord. 891, § 2, passed 02-14-2011)
7.24.020 INVESTIGATION OF POTENTIALLY DANGEROUS AND VICIOUS DOGS.
A. An Animal Control Officer shall investigate any reported incident regarding a potentially dangerous or vicious dog. During that investigation, the Animal Control Officer shall compose a report to be permanently retained pursuant to adopted procedures. The Animal Control Officer shall make best efforts to take a photograph of the dog to include with the report. The Animal Control Officer shall append to the report the statements of witnesses, victims and the dog owner.
B. If after conducting an investigation, the Animal Control Officer determines that probable cause exists that the dog is potentially dangerous or vicious, the Animal Control Officer may impose reasonable conditions to protect the public health, safety and welfare upon the dog owner pending an administrative hearing as set forth below. These conditions shall be in the form of a provisional abatement order and may include any reasonable conditions including those contained in § 7.24.040. The Animal Control Officer shall provide notice of the provisional abatement order pursuant to § 7.24.050. The provisional abatement order shall remain in effect unless superseded or overruled by another administrative or judicial decision. A failure to comply with the provisional abatement order shall be a misdemeanor.
C. If after conducting an investigation, the Animal Control Officer determines that probable cause exists that the dog is potentially dangerous or vicious, the Animal Control Officer shall petition the Hearing Officer for an administrative hearing to determine whether the dog is potentially dangerous or vicious. The administrative hearing shall follow the procedures in § 7.24.030. Alternatively, the City may petition a court of competent jurisdiction to have the dog declared potentially dangerous or vicious pursuant to the procedures set forth in California Food and Agricultural Code Sections 31621, et seq., as those sections may be amended from time-to-time.
D. Pursuant to this chapter, the Animal Control Officer shall also immediately impound any dog found to be vicious and posing an imminent threat to the public health, safety and welfare.
(Ord. 891, § 2, passed 02-14-2011)
7.24.030 HEARING PROCEDURES.
A. Petition. Pursuant to § 7.24.020, where the Animal Control Officer has investigated and determined that there exists probable cause to believe that a dog is vicious or potentially dangerous, the Animal Control Officer shall petition the Hearing Officer for a hearing for the purpose of determining whether the dog should be declared potentially dangerous or vicious.
B. Notice. Notice of such hearing shall be given in the manner and within the timeframes as described in Chapter 1.06. The hearing shall be held promptly with no less than ten (10) days and no more than thirty (30) days after service of the notice of hearing.
C. Conduct of Hearing. The Hearing Officer shall conduct the hearing in an informal manner and shall afford the owner and/or possessor of the dog an opportunity to present evidence as to why the dog should not be declared potentially dangerous or vicious and why the terms of any provisional order previously issued should be modified or overruled.
1. 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.
2. The hearing shall be open to the public.
3. Recording. The proceedings at the hearing may be tape recorded if ordered by the Hearing Officer or requested by the owner of the dog. A copy of the tape recording of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof.
4. Failure to Appear. The Hearing Officer may decide all issues for or against the owner of the dog even if the owner fails to appear at the hearing.
D. Determinations of Potentially Dangerous and Vicious Dogs - Evidence. In making a determination that a dog is potentially dangerous or vicious, evidence of the following shall be considered:
1. Any previous history of the dog attacking, biting or causing injury to a human being or 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 dog exhibits any characteristics of being trained for fighting or attack or other evidence to show such training for fighting;
7. Whether the dog exhibits any characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or domestic animals;
8. Whether the dog can be effectively trained or retrained to change its temperament or behavior;
9. The manner in which the dog had been maintained or cared for by its owner;
10. Any other relevant evidence concerning the maintenance or care of the dog; 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 dog is permitted to remain in the City.
E. Determination of Potentially Dangerous or Vicious Dog - Abatement Order. After the hearing, the Hearing Officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious. The Hearing Officer may order the abatement of the nuisance created by the potentially dangerous or vicious dog by imposing some or all of the conditions found in § 7.24.040 for the continued ownership of the dog. The abatement order shall supersede any provisional abatement order issued by an Animal Control Officer unless the abatement order is stayed by judicial action or pending judicial review. Within ten (10) days of the hearing, the determination and abatement order shall be served upon the dog owner pursuant to § 7.24.050. The determination and abatement order of the Hearing Officer shall be final and conclusive.
F. Order of Humane Euthanization. If, following the hearing, the subject dog is determined by a preponderance of the evidence to be a vicious dog and, if released to the dog owner, even where reasonable abatement conditions were imposed, would create a significant threat to the public health, safety, or welfare, the Hearing Officer may order that the dog be humanely euthanized as permitted under Cal. Food and Agricultural Code § 31645 or its successor provisions.
1. A rebuttable presumption that a dog creates a significant threat to the public health, safety and welfare exists where:
a. The dog has been involved in an attack resulting in the death of a person, regardless of the circumstances involved.
b. The dog has been involved in a second attack, without provocation, on a domestic animal or livestock which occurs off the property of the owner of the attacking dog and that results in the death of the other animal or livestock.
c. The dog has been involved in a third attack, without provocation, that results in a non-severe injury to a person in a place where such person is acting lawfully.
d. A third attack, without provocation, on a domestic animal or livestock, which occurs off the property of the owner of the attacking dog.
e. The owner of a dog previously deemed potentially dangerous fails, refuses or is incapable of complying with the terms of an abatement order issued pursuant to this chapter or court order.
f. The dog has been previously found potentially dangerous and subsequently exhibits any of the behaviors listed as determinative of potentially dangerous or vicious.
2. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies.
3. Within ten days of the hearing, notice of the order of humane euthanization shall be served upon the owner pursuant to § 7.24.050.
4. Any order made by the Hearing Officer to humanely euthanize a dog shall be final.
G. Appeal and Stay of Destruction Pending Appeal.
1. When the Hearing Officer authorizes the destruction of a dog, the owner shall have the right to appeal that decision in any matter provided by law within ten (10) working days after the decision of the Hearing Officer. The Hearing Officer shall not authorize the destruction of a dog until after the appeal period has expired or, in the event of an appeal, until ten (10) working days after the decision of the appellate body has been served upon the owner of the dog. In no event shall the Animal Control Officer permit the destruction of a dog pending the conclusion of an appeal of the Hearing Officer’s decision to a court of competent jurisdiction. If the court of competent jurisdiction determines that the impoundment of a dog was improper, the City shall bear all costs and expenses of impoundment.
2. Notwithstanding the preceding, the Animal Control Officer may settle any matter scheduled for hearing at any time prior to the hearing by written agreement with the applicant, license holder, or owner of the dog, as the case may be.
(Ord. 891, § 2, passed 02-14-2011; Am. Ord. 900, § 10, passed 12-12-2011)
7.24.040 ABATEMENT ORDER AND CONDITIONS.
A. Pursuant to § 7.24.030, the owner of a dog determined to be potentially dangerous or vicious by the Hearing Officer shall be required to comply with the abatement order of the Hearing Officer which may contain any or all of the following conditions in addition to any other conditions imposed by the Hearing Officer:
1. Registration. To immediately register the dog that is found to be potentially dangerous with the Animal Control Officer to comply with the Animal Control Officer’s requirements for owning or possessing potentially dangerous dogs (including, but not limited to, requiring the dog to wear a visible dangerous dog tag), and to keep such dog properly vaccinated at all times. The fee to keep or maintain one potentially dangerous dog shall be established by resolution of the City Council, as amended from time to time. The fee shall be paid for each twelve (12)-month term. Should the dog die in any twelve (12)-month term, the owner shall notify the Animal Control Officer of the death within five (5) working days of the death;
2. Confinement. To keep the dog securely confined on its premises in a locked enclosure approved by the Hearing Officer or the Animal Control Officer from which the dog cannot escape and into which children cannot trespass. Such an enclosure must have secure sides and a secure top attached to the sides. All enclosures used to confine a dangerous or vicious dog must be locked with a key or combination lock when such dog is within the enclosure. Such enclosure must have a secure bottom or floor attached to the sides of the enclosure or the sides of the enclosure must be embedded in the ground no less than two (2) feet. All enclosures erected to house a potentially dangerous or vicious dog must comply with all zoning and building regulations of the City. All such enclosures must be adequately lighted and ventilated, and kept in a clean and sanitary condition;
3. Confinement While on Leash. To keep the dog securely muzzled, restrained by a substantial leash of appropriate length, not to exceed six (6) feet, and under the control of a responsible person eighteen (18) years of age or older who is physically capable of restraining the dog when the dog is not contained in a locked, secure enclosure;
4. Spay or Neuter the Dog. To have the dog spayed or neutered by a licensed veterinarian at the owner’s expense and to present proof thereof to the Animal Control Officer by a date determined by the Animal Control Officer;
5. Insurance. The owner of any dog found to be vicious pursuant to this title shall present to the City proof that the owner has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000) covering any damage or injury that may be caused by the vicious dog. Such liability insurance shall not be cancelled unless the owner ceases to own the dog. Coverage shall be evidenced by an endorsement from the insurer. The dog owner shall provide the City at least thirty (30) days’ advance notice of cancellation of any insurance policy required by this section. The insurance requirements set forth herein may be extended to the owner of a potentially dangerous dog based on the circumstances and recommendation of the Animal Control Officer;
6. Bond. The posting of a bond or other proof of ability to pay a damage award in the amount of fifty thousand dollars ($50,000);
7. Notification. To immediately inform any City, county, postmaster or utility company meter readers and anyone else that lawfully comes onto the property, of the dog’s dangerousness and to inform Animal Control and/or the Chief of Police if the dog is moved to another location inside or outside the City limits as provided by this chapter;
8. 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 inches high;
9. Microchip Requirements. The owner of any dog found potentially dangerous or vicious pursuant to this chapter shall, at the owner’s expense, have a microchip implanted into the dog for identification purposes. The identifying information listed on the microchip shall be noted in the licensing files for that dog.
10. Inspection. To consent and agree to the entry upon the premises to any police officer or Animal Control Officer for the purpose of inspecting the dog and/or premises;
11. Payment of Cost. To make reasonable payment of costs incurred by the City and Animal Control Officer including any impoundment and boarding fees;
12. Other. To take any other steps deemed reasonably necessary to protect the health, safety, and welfare of the public.
B. The order shall establish timeframes for compliance with each provision.
C. All owners of potentially dangerous or vicious dogs must within ten (10) days of the effective date of the abatement order provide the Animal Control Officer with two photographs (color) of the registered dog clearly showing the color and approximate size of the dog.
D. No potentially dangerous or vicious dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the dog from exiting the structure.
E. Failure to comply with an abatement order regarding a potentially dangerous or vicious dog.
1. It is unlawful for the owner of a dog deemed potentially dangerous or vicious under this chapter to fail to comply with the conditions set forth in an abatement order. Any dog found to be the subject of a violation of such an abatement order shall be subject to immediate seizure and impoundment. The Hearing Officer shall order the dog owner to show cause why the dog should not be humanely euthanized for failure to comply with the conditions contained in the abatement order of a dog deemed potentially dangerous or vicious.
2. The Hearing Officer shall provide written notice pursuant to § 7.24.050 that the dog will be humanely euthanized unless, within fourteen (14) days from the date of the notice:
a. 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 the abatement order; or
b. The owner has filed in a court of competent jurisdiction a petition that seeks to stay euthanization of the dog and has served a copy of such petition upon the Hearing Officer.
3. If, after fourteen (14) days from the date of such notice, the owner has not complied with the conditions set forth in an abatement order or has taken action set forth in subsection (E)(2) of this subsection, the Hearing Officer may, without further notice or process, have the dog humanely euthanized.
(Ord. 891, § 2, passed 02-14-2011)
7.24.050 NOTICE AND SERVICE REQUIREMENTS.
When this chapter requires the provision of notice or service, the notice or service shall be in writing. If a right may be exercised or an act is to be done and the notice or service of it is required to be given but the time within which the notice or service must be given is not specified, the notice or service shall be given at least ten (10) days before the time the right must be exercised. The notice or service shall be served upon the owner personally or by United States mail, first-class postage prepaid, and if by such mail, it shall be sent to the dog owner at his/her last known mailing address. In the event that the last known address of the dog owner cannot be ascertained, the Hearing Officer or Animal Control Officer shall sign a declaration under penalty of perjury that best efforts were made to provide notice or service to the dog owner. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first-class mail, service shall be deemed complete at the time of deposit into the United States mail. The failure to receive a notice or other document sent via first-class mail shall not affect the validity of any enforcement proceedings under this title. (Ord. 891, § 2, passed 02-14-2011)
7.24.060 TRANSFER AND TRAINING OF POTENTIALLY DANGEROUS OR VICIOUS DOGS.
A. Sale or transfer within City. No person shall sell, transfer or in any other way dispose of a dog deemed potentially dangerous or vicious 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 dog.
B. Sale or transfer outside of City. The owner of a dog that has been deemed potentially dangerous or vicious under this chapter may sell, transfer, or otherwise dispose of such dog 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 dog by the Animal Control Officer.
C. Sale or transfer into City. It shall be unlawful for a person to possess, own or control any dog for the purpose of either temporary or permanent care in the City limits that has been deemed by another governmental jurisdiction to be potentially dangerous, 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 dog to remove the dog 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 dog. The owner of the dog shall be liable for the costs and expenses of impounding and keeping the dog. Such impounded dogs may then be disposed of in accordance with the provisions of this chapter after a hearing has been conducted pursuant to section 7.24.030.
D. Fighting 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 a dog for the purpose of dog fight exhibitions. Scars and wounds are refutable evidence of participation in dog fight exhibitions or training. “Fight training” is defined to include but is not limited to:
1. The use or possession of treadmills for fight training;
2. Actions designed to torment, badger or bait any dog for purpose of encouraging said dog for fight exhibitions;
3. The use of weights on the dog 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 dogs for aggressive or vicious behavior or dog fight exhibitions. It shall further be unlawful for anyone to knowingly abuse any dog within the City limits.
(Ord. 891, § 2, passed 02-14-2011)
7.24.070 OWNERSHIP OF VICIOUS DOGS.
The owner of a dog determined to be potentially dangerous or vicious and ordered humanely euthanized pursuant to this chapter shall be prohibited from owning, possessing, controlling or having custody of any other dog for a period of three (3) years from the date of the determination when it is found at the hearing conducted pursuant to this chapter that ownership or possession of such dog by that person would create a significant threat to public health, safety or welfare. (Ord. 891, § 2, passed 02-14-2011)
7.24.080 VIOLATION - PENALTIES.
Violations of this Chapter 7.24 are declared to be a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12. (Ord. 891, § 2, passed 02-14-2011)