Chapter 6.40
RESTRICTIONS ON NOISY DOGS
Sections:
6.40.010 Purpose of provision.
6.40.020 Public nuisance dogs defined.
6.40.030 Owner or keeper’s property defined.
6.40.040 Hearing officer defined.
6.40.050 Procedure for declaring a dog a nuisance.
6.40.060 Notice of hearing and determination.
6.40.080 When dogs may not be declared a public nuisance.
6.40.090 Disposition of public nuisance dogs.
6.40.100 Public nuisance dogs – Penalty for owner or keeper.
6.40.010 Purpose of provision.
The purpose of this chapter is to define and provide guidelines for dealing with nuisance dogs. (Ord. 93-582 § 1).
6.40.020 Public nuisance dogs defined.
A. “Public nuisance dog” means any dog which gives offense to human senses or substantially interferes with the rights of persons, other than its owner or keeper, to the enjoyment of life or property. The term shall include, but not be limited to, any dog which:
1. On three separate occasions within a 36-month period has been cited or impounded for being off its owner’s or keeper’s property in violation of any state or local law prohibiting the running at large of dogs.
2. Causes damage to the property of anyone other than its owner or keeper.
3. Harasses or intimidates persons on public property or private property other than owned or under the control of its owner or keeper.
4. Repeatedly chases vehicles that are not on its owner’s property.
5. Makes disturbing noises such as barking, howling, whining, or other utterances to the annoyance, disturbance, or discomfort of neighbors or others in the vicinity of the property where the dog is maintained.
6. Has been allowed by its owner or keeper to produce odors which annoy, disturb or cause discomfort to persons in the vicinity of the property where the dog is maintained.
7. Is one of a number of dogs or other animals maintained on the property owned or controlled by its owner or keeper so as to be offensive to persons or dangerous to the public health, safety or welfare.
8. Has, when unprovoked, bitten any person who is lawfully on the owner’s or keeper’s property causing minor injury. (Ord. 93-582 § 1).
6.40.030 Owner or keeper’s property defined.
For the purpose of defining a public nuisance dog, the “owner or keeper’s property” includes that property over which the owner or keeper has the exclusive possession and use. (Ord. 93-582 § 1).
6.40.040 Hearing officer defined.
For the purpose of this chapter, the hearing entity or officer shall be the chief of police or his or her designee. (Ord. 93-582 § 1).
6.40.050 Procedure for declaring a dog a nuisance.
A. If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is a nuisance, the animal control officer, or his or her designee, shall petition for a hearing for the purpose of determining whether or not the dog in question should be declared a nuisance.
B. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.
C. The animal control officer or chief of police shall notify the owner or keeper of the dog that a hearing will be held by the hearing officer at which time he or she may present evidence as to why the dog should not be declared a nuisance. The evidence may be offered either written or oral by the owner of the dog or any interested citizen, including animal control officers, humane officers or peace officers, and shall be sworn to and/or signed under declaration of penalty or perjury. (Ord. 93-582 § 1).
6.40.060 Notice of hearing and determination.
A. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first class mail with return receipt requested. The hearing shall be held promptly within no less than five working days nor more than 10 working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public. The hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The hearing officer may find, upon a preponderance of the evidence, that the dog is a nuisance, and make other orders authorized by this chapter.
B. After the hearing is conducted, the owner or keeper of the dog 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 dog is a nuisance, the owner or keeper shall comply with the provisions of this chapter in accordance with a time schedule established by the chief of police or the animal control officer, but in no case more than 30 days after the date of the determination or 35 days if notice of the determination is mailed to the owner or keeper of the dog. (Ord. 93-582 § 1).
6.40.070 Appeal.
A. If the petitioner, owner, or keeper of the dog contests the determination of the hearing officer, he or she may, within five days of receipt of the notice of determination, appeal the decision of the hearing officer to a designated appeals committee. The appeals committee shall be comprised of three members: one selected by the hearing officer, one selected by the animal control officer and one selected by the owner or keeper of the dog. The appeals committee shall be convened by the hearing officer within 10 days of the receipt of notice of appeal. The party seeking the appeal shall serve personally or by first class mail, postage prepaid, notice of the appeal upon the other party within two days of the filing of the notice of appeal.
B. The hearing officer of original jurisdiction or the committee hearing the appeal may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing.
C. The determination of the appeals committee hearing the appeal shall be final and conclusive upon all parties. (Ord. 93-582 § 1).
6.40.080 When dogs may not be declared a public nuisance.
No dog may be declared a nuisance if any injury or damage is sustained by a person who, at the time of the injury or damage was sustained while committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared a nuisance if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared a nuisance if any 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 dog. (Ord. 93-582 § 1).
6.40.090 Disposition of public nuisance dogs.
A. No person shall keep or maintain any dog in such a manner as to cause or permit the dog to be a public nuisance dog.
B. No owner or keeper of a dog shall fail to abate a nuisance created by the keeping of such dog when ordered to do so by the animal control officer or other peace officer employed by the city.
C. The hearing entity may impose any reasonable conditions upon the ownership of the dog which shall correct the circumstances which created the nuisance.
D. Any dog having been declared to be a public nuisance dog pursuant to these provisions shall be delivered to the animal control officer for impoundment until such time as the owner or keeper shall have satisfied the animal control officer that they have taken steps to abate the nuisance created by the keeping of the dog. Failure to take such steps to the satisfaction of the animal control officer within five working days following impoundment of the dog and notice of the conditions for release imposed by the animal control officer shall result in forfeiture of ownership of said dog.
E. No dog may be euthanized or otherwise disposed of if the owner or keeper of the dog has sought judicial review of the determination that the dog was a public nuisance dog until that review has been completed. The owner or keeper of the dog shall be liable for the cost of the care and feeding of the dog pending the outcome of the judicial review and shall deposit monthly in advance the cost of such care and feeding as determined by the animal control officer. Failure to make such a deposit shall result in forfeiture of ownership of said dog after giving the owner or keeper of the dog five days’ written notice of their failing to make the required deposit in advance. In the event the judicial review is favorable to the owner or keeper of the dog, the amounts paid for the care and feeding of the dog pending the judicial review shall be refunded. (Ord. 93-582 § 1).
6.40.100 Public nuisance dogs – Penalty for owner or keeper.
The owner or keeper of a public nuisance dog may be cited for a violation of this section when the animal control officer has warned the owner or keeper and a second complaint is received within any 90-day period. The fine for this violation will be set pursuant to city resolution. (Ord. 93-582 § 1).
6.40.110 Removal from list.
If no additional instances of the behavior occur within a 36-month period from the date of designation as a public nuisance dog, the dog shall be removed from the list of public nuisances. The dog may be removed from the list prior to the expiration of the 36-month period if the owner or keeper of the dog demonstrates to the animal control officer that changes in circumstances or measures taken by the owner or keeper, such as training of the dog. (Ord. 93-582 § 1).
6.40.120 Exemptions.
The provisions of this chapter shall not apply to municipal licensed veterinarian hospitals or dog kennels. (Ord. 93-582 § 1).