Chapter 6.60 POTENTIALLY DANGEROUS DOGS AND VICIOUS DOGS

It is unlawful for any dog owner or person with a right to control the dog to permit the dog to engage in potentially dangerous dog and vicious dog behavior as specified in Section 6.05.010. (Ord. 16-2018 § 1, 6-5-18.)

6.60.020 Grounds for seizure and impoundment.

Notwithstanding any other provision of this title, an animal control officer or peace officer may seize and impound a dog where the officer has reasonable grounds to believe that the dog:

(a) Has demonstrated one or more of the characteristics or behaviors of a potentially dangerous dog or of a vicious dog; or

(b) Has a potentially dangerous dog permit, and:

(1) Has engaged in one or more of the behaviors of a vicious dog or a potentially dangerous dog; or

(2) Has not been kept or maintained in accordance with the applicable provisions of this chapter; or

(1) Neither the owner nor the person with a right to control the dog has applied for the permit;

(2) Neither the owner nor the person with a right to control the dog has completed the permit process; or

(3) The dog poses an immediate or substantial threat to the public health and safety or property. (Ord. 16-2018 § 1, 6-5-18.)

6.60.030 Notice of seizure and impoundment.

(a) The animal control officer must post a notice of impoundment on the front door or other appropriate place at the residence of the dog owner or person with a right to control the dog if he or she is not present at the time the dog is seized and impounded, which notice must state:

(1) That the dog has been impounded;

(2) The alleged Fremont Municipal Code violation;

(3) Where the dog is being held;

(4) The name, address, and telephone number of the agency or person to be contacted regarding release of the dog; and

(5) The consequences of not requesting a hearing within the holding period of the dog’s seizure as specified in Section 6.60.060.

(b) If the dog owner or person with a right to control the dog is present at the time of the seizure, such person must be given a written notice with the same information specified in subsection (a) of this section. (Ord. 16-2018 § 1, 6-5-18.)

6.60.040 Potentially dangerous dog and vicious dog behavior classification procedure.

(a) The city manager may establish administrative regulations for the classification of potentially dangerous dogs and vicious dogs.

(b) The animal services manager shall determine when any dog has engaged in behaviors or exhibited any of the characteristics of a potentially dangerous dog or vicious dog.

(c) When the animal services manager has reason to believe that a dog is potentially dangerous or vicious, the animal services manager shall conduct an investigation to determine whether there is sufficient evidence to support classifying the dog as a potentially dangerous dog or a vicious dog. The evidence shall include observations and testimony by animal control officers or other witnesses who personally observed the animal’s behavior. The evidence may include testimony about the dog’s upbringing and control of the dog by the owner or person with the right to control the dog.

(d) If the animal services manager determines sufficient evidence exists to classify a dog as a potentially dangerous dog or a vicious dog, he or she must consider the existence of any mitigating circumstances described in Section 6.60.050 or in an administrative regulation promulgated by the city manager before reaching a determination; however, the existence of mitigating circumstances shall not require the animal services manager to refrain from classifying a dog as a potentially dangerous dog or a vicious dog.

(e) When a potentially dangerous dog or vicious dog classification determination is based solely on the uncorroborated testimony of the victim or a witness other than a law enforcement officer, the testimony must be contained in a written statement signed under penalty of perjury.

(f) Once the animal services manager determines that a dog should be classified as a potentially dangerous dog or a vicious dog, he or she must serve the owner or person with the right to control the dog with a notice of classification. (Ord. 16-2018 § 1, 6-5-18.)

6.60.050 Potentially dangerous dog and vicious dog behavior – Mitigating circumstances.

Before classifying a dog as a potentially dangerous dog or vicious dog, the following mitigating circumstances, if shown to exist by a preponderance of the evidence, shall be considered. The existence of mitigating circumstances, however, shall not require the animal services manager to refrain from classifying a dog as a potentially dangerous dog or a vicious dog. This section does not require an animal control officer, any other city employee, or hearing officer to conduct an independent investigation for the purpose of determining whether any mitigating circumstances exist. Mitigating circumstances include the following:

(a) The injury or damage was sustained by a person who, at the time the injury or damage was sustained, was:

(1) Committing a tort upon the private property of the dog owner or person with a right to control the dog;

(2) Teasing, tormenting, abusing, assaulting, or other similar act of provocation towards the dog;

(3) Trespassing inside a fully enclosed building or fenced area on private property; or

(4) Committing or attempting to commit a crime.

(b) The injury or damage was sustained by a domestic animal that, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog that caused the injury or damage, or was trespassing inside a fully enclosed building or fenced area on private property.

(c) The dog that caused the injury or damage was protecting or defending a person within the immediate vicinity of the dog that caused the injury or damage from an unjustified attack or assault.

(d) The injury or damage to a domestic animal was sustained while the dog that caused the injury or damage was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or the person with a right to control the dog, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(e) The dog that caused the injury or damage was a police dog. (Ord. 16-2018 § 1, 6-5-18.)

6.60.060 Request for a hearing.

(a) If either the dog owner or person with a right to control the dog disputes any action taken under this chapter, he or she must deliver a written request for an administrative appeal hearing within five days of service of notice or else waive any further right to contest the action. The request must be delivered to the city of Fremont’s animal services manager at the animal shelter located at 1950 Stevenson Boulevard. The request must state in detail the factual basis to contest the action and describe in detail any claimed mitigating circumstance.

(b) If a timely request is made by either the dog owner or person with a right to control the dog, the animal services manager shall set the time and place for the administrative appeal hearing, as soon as reasonably possible. (Ord. 16-2018 § 1, 6-5-18.)

Article II. Administrative Appeal Hearing

6.60.070 Notice of hearing.

(a) The animal services manager shall serve notice of the administrative appeal hearing and report, if applicable, by first-class mail with return receipt requested or personal delivery to the dog owner or person with a right to control the dog, at least five business days prior to the date set for hearing.

(b) The animal services manager may serve notice of the administrative appeal hearing by first-class mail with return receipt requested or personal delivery to all person(s) who have complained about the dog, to witnesses of the dog’s behavior, or to the owners of all the properties within 300 feet of the address where the dog has been maintained. The notice must be sent at least five business days prior to the date set for hearing. (Ord. 16-2018 § 1, 6-5-18.)

6.60.080 Hearing procedure.

(a) All administrative appeals from actions taken under this chapter shall be heard as provided by this article. The hearing procedures specified in Cal. Food & Agric. Code § 31621 et seq. are expressly not adopted.

(b) A hearing under this section shall be informal and open to the public, but witnesses may be excluded. The person requesting the administrative hearing under this section must be present at the hearing. The hearing shall be conducted in accordance with this section before a hearing officer designated by the city manager or designee. The hearing officer shall audibly record the proceedings. The hearing officer shall regulate the course of the proceedings and shall permit the parties and may permit others to offer written or oral comments on the issues. The hearing officer may limit the use of subpoenas, witnesses, testimony, evidence, rebuttal, and argument. The hearing officer may allow the cross-examination of witnesses to the extent necessary to ensure a fair hearing and may limit cross-examination of witnesses as necessary to maintain proper decorum.

(c) At the hearing under this section, the dog owner or person with a right to control the dog and the city may be represented by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence do not apply. Any relevant evidence may be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. Relevant admissible evidence includes but is not limited to incident reports and witness affidavits. A formal oath is not required for witnesses to provide testimony.

(d) Unless provided otherwise, the city bears the burden of proof at the hearing. The owner or person with the right to control the dog has the burden of proof to demonstrate the existence of any mitigating circumstance that may apply.

(e) The decision of the hearing officer that the dog is a potentially dangerous dog or a vicious dog, or maintained in violation of the potentially dangerous dog permit, must be supported by evidence on the record and is final. If no evidence is entered at the hearing on behalf of either the dog owner or person with a right to control the dog, then the hearing officer may determine that the dog is a potentially dangerous dog or a vicious dog, or maintained in violation of the potentially dangerous dog permit, as alleged.

(f) The hearing officer must serve written notice of his or her decision by regular mail within 14 calendar days after the conclusion of the hearing to the dog owner or person with a right to control the dog, to the city, and to all persons who make a written request for a copy of the decision.

(g) Within 30 days of service of the hearing officer’s decision, both the dog owner and person with a right to control a dog that is deemed a potentially dangerous dog or a vicious dog must comply with all the provisions of the hearing officer’s decision. Either the failure of the dog owner or person with a right to control the dog to comply with all the provisions of the hearing officer’s decision will result in the surrender of the animal to the animal services manager to be disposed of in accordance with state law. The animal services manager may grant either the dog owner or person with a right to control the dog a 15-day extension to comply with the hearing officer’s decision for good cause, such as evidence of a good faith effort to comply and circumstances beyond the control of the dog owner or person with a right to control the dog. (Ord. 16-2018 § 1, 6-5-18.)

6.60.090 Subpoenas.

In any hearing conducted pursuant to this chapter, the hearing officer shall have the power to examine witnesses under oath and compel their attendance and/or the production of evidence before him or her by subpoenas issued by him or her in the name of the city. Failure to obey a subpoena issued by the hearing officer is a misdemeanor. At the time of service, the person serving any subpoena issued pursuant to this section may pay or offer to pay the witness a witness fee plus mileage at the current rates established by statute for attendance of a witness in civil action in superior court. (Ord. 16-2018 § 1, 6-5-18.)

6.60.100 Judicial review – Notice of intent to seek judicial review – Request for record.

(a) Any determination made after a hearing under Section 6.60.080 shall be final and conclusive and may not be appealed except as provided in subsection (b) of this section. The procedures specified in Cal. Food & Agric. Code § 31622 et seq. for judicial review are expressly not adopted.

(b) A petition for writ of mandate challenging a final decision under Section 6.60.080 may be filed in the superior court in accordance with the provisions of the California Code of Civil Procedure.

(c) The requirements of this chapter for keeping a potentially dangerous dog are not stayed pending judicial review unless expressly provided by court order.

(d) The owner or person with the right to control the dog may submit a written request to the animal services manager for a complete record of the proceedings which will be prepared and delivered to the owner or person with the right to control the dog as soon thereafter as reasonably possible. The owner or person with the right to control the dog may be charged the actual cost of transcribing or otherwise preparing the record. (Ord. 16-2018 § 1, 6-5-18.)

6.60.110 Destruction of vicious dogs – Request for temporary stay pending judicial review.

(a) A dog classified as vicious shall be destroyed after the later of the following dates:

(1) The expiration of the time to request a hearing under Section 6.60.060 when a hearing is not timely requested.

(2) Five days after personal service or seven days after service by mail of the administrative hearing decision, unless a written notice of intent to seek judicial review is delivered to the animal services manager or a petition for writ of mandate has been filed and a copy served on the city clerk.

(3) Twenty days after delivery of the notice of intent to seek judicial review of a final decision under Section 6.60.080, unless:

(A) An administrative stay under subsection (b) of this section is granted;

(B) A court has stayed destruction of the dog pending judicial review, then after the expiration of the court stay; or

(C) A petition for writ of mandate has been timely filed with the superior court and a filed endorsed copy has been timely served on the city of Fremont.

(4) If a petition for writ of mandate is filed with the superior court and the superior court upholds the administrative hearing officer’s decision finding the dog to be vicious, then two days after personal service or seven days after mail service of notice of entry of judgment.

(5) Five days after termination of an administrative stay under subsection (b) of this section, unless a petition for writ of mandate has been timely filed and a copy served on the city clerk.

(b) A dog owner or person with the right to control the dog may request a temporary administrative stay of the destruction of his or her dog pending the filing of a petition for writ of mandate by filing a written request for stay with the animal services manager and making an advanced payment for kenneling costs. The stay shall be granted and effective for a number of days equal to the number of days of advanced kenneling costs received. The temporary stay will terminate when a petition for writ of mandate has been timely filed and a copy served on the city clerk or at the expiration of the time to file a writ of mandate.

(c) The owner and person with a right to control the dog shall be jointly and severally liable to the city of Fremont for the cost of impoundment, kenneling, euthanasia, and disposal of the dog’s remains. (Ord. 16-2018 § 1, 6-5-18.)

6.60.120 Prohibition of owning, possessing, controlling or having custody.

The hearing officer may determine, after a potentially dangerous dog or a vicious dog hearing, or potentially dangerous dog permit compliance hearing, that the dog owner or person with a right to control a dog that has been deemed vicious or maintained in violation of the potentially dangerous dog permit should be prohibited from owning, possessing, controlling, or having custody of any dog for up to three years because his or her ownership or control of a dog would create a significant threat to the public health, safety, and welfare. (Ord. 16-2018 § 1, 6-5-18.)

Article III. Potentially Dangerous Dog Permit

6.60.130 Potentially dangerous dog permit required.

(a) It is unlawful for any person to possess or maintain a potentially dangerous dog unless he or she has a current and valid potentially dangerous dog permit.

(b) The dog owner or person with a right to control a dog classified as potentially dangerous must submit an application for a potentially dangerous dog permit within 15 calendar days after the notice of the classification is placed in the mail or personally served on the dog owner or person with a right to control the dog, whichever date is earlier in time, or within 15 calendar days from service of the administrative hearing officer’s decision pursuant to Section 6.60.080.

(d) No dog impounded at the animal shelter and classified as potentially dangerous may be released prior to issuance of both a license pursuant to Chapter 6.20 and a potentially dangerous dog permit. (Ord. 16-2018 § 1, 6-5-18.)

6.60.140 Potentially dangerous dog permit application.

(a) An application for a potentially dangerous dog permit must be made by the dog owner or person with a right to control the dog on a form provided by the animal services manager and must be filed with the animal services manager.

(b) The application must contain all of the following information:

(1) The name, address, and telephone number of the dog owner or person with a right to control the dog;

(2) The physical address where the dog will be kept and, if the dog owner or person with a right to control the dog rents the property, a copy of the notification to the property owner that a potentially dangerous dog will be kept on the property;

(3) Any name(s) by which the dog is called;

(4) The height, weight, color, and any distinguishing physical characteristics of the dog;

(5) A statement specifying all convictions within the past seven years of the dog owner or person with a right to control the dog, by any court of law, for any violation of this title, any laws relating to animals, public nuisance caused by animals, cruelty to animals, use of violence, or possession or sale of controlled substances in this or any other state or country, and any administrative citations issued for violations of this title which were upheld by a hearing officer or which were not contested by the applicant. For purposes of this section, a forfeiture of bail is deemed to be a conviction of the offense charged;

(6) The number of the license issued pursuant to Chapter 6.20 or a statement that an application for such a license is being concurrently filed; and

(7) A recent and clear photograph of the dog.

(c) The dog owner or person with a right to control the dog must affirmatively state on oath or affirmation under penalty of perjury that he or she has the necessary facilities and equipment to comply with all the applicable requirements for maintaining a potentially dangerous dog as prescribed in this chapter and that all the information given on the application is true and correct. (Ord. 16-2018 § 1, 6-5-18.)

6.60.150 Potentially dangerous dog permit fee.

(a) The fee for a potentially dangerous dog permit shall be set by resolution of the city council. These fees must be paid by the dog owner or person with a right to control the dog concurrent with submission of the application for a potentially dangerous dog permit.

(b) If the animal services manager denies the applicant a potentially dangerous dog permit, a partial refund, as set forth in the schedule of fees adopted by resolution of the city council, may be granted provided the applicant does not have any other outstanding fees and fines due to the city, and can provide proof that the dog has been disposed of in accordance with state law or ownership has been transferred to another person. (Ord. 16-2018 § 1, 6-5-18.)

6.60.160 Issuance of potentially dangerous dog permit.

(a) Upon completion of the processing of the potentially dangerous dog permit application and payment of the potentially dangerous dog permit fee, the animal services manager must decide whether to grant or deny a potentially dangerous dog permit.

(b) In issuing the potentially dangerous dog permit, the animal services manager may impose any additional conditions which the animal services manager deems reasonably necessary to protect the public health, safety, and welfare. (Ord. 16-2018 § 1, 6-5-18.)

6.60.170 Potentially dangerous dog permit tag.

(a) In addition to the license tag required in Chapter 6.20, every dog that is subject to a potentially dangerous dog permit must wear a potentially dangerous dog permit tag provided by the animal services manager.

(b) The tag must have the potentially dangerous dog permit number printed on its face. The tag must have a distinctive shape, size, and color chosen by the animal services manager.

(c) It is unlawful for any person to remove the potentially dangerous dog permit tag except to the extent removal is necessary for:

(1) Bathing the dog;

(2) Rendering veterinarian services; or

(3) Replacing the potentially dangerous dog permit or license tags.

Once removed, the tag must be replaced as soon as reasonably possible.

(d) It is unlawful for any person to attach a potentially dangerous dog permit tag to any dog other than the dog for which it is issued. (Ord. 16-2018 § 1, 6-5-18.)

6.60.180 Potentially dangerous dog permit renewal.

(a) Any potentially dangerous dog permit issued under this chapter expires 12 months from the date of issuance. The procedure for renewal of the permit is the same as for the original permit.

(b) An application for the renewal of a potentially dangerous dog permit must be made within 30 days prior to the expiration of the permit. Upon failure to make a timely application, the applicant must pay, in addition to the permit fee, a late renewal fee as set forth in the schedule of fees adopted by resolution of the city council. (Ord. 16-2018 § 1, 6-5-18.)

6.60.190 Denial or revocation of a potentially dangerous dog permit.

The animal services manager may deny or revoke a potentially dangerous dog permit issued pursuant to this chapter in any of the following situations:

(a) The animal services manager has determined, after inspection or upon complaint from any person, that the applicant or permit holder is in violation of any of the provisions of this chapter, this title or other applicable law that governs the health, safety, and maintenance of dogs.

(b) The animal services manager has reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for the permit or the applicant fails to file a complete application.

(c) If the applicant or permit holder has been convicted by a court of law within the past seven years of any violation of this title, or any other law(s) relating to animals, public nuisance caused by animals, cruelty to animals, use of violence, or possession or sale of controlled substances in this or any other state; or any administrative citations issued for violations of this title which were upheld by a hearing officer or which were not contested by the applicant. For the purpose of this section, a forfeiture of bail is deemed a conviction of the offense charged.

(d) The applicant or permit holder fails to pay in full all fines, and impoundment, boarding or other outstanding fees.

(e) The applicant or permit holder fails to allow the animal services manager or animal control officer to conduct a lawful inspection of the potentially dangerous dog or the premises where the dog is located.

(f) The applicant or permit holder fails to appear at the hearing to appeal the revocation of the potentially dangerous dog permit conducted pursuant to Article IV of this chapter. (Ord. 16-2018 § 1, 6-5-18.)

6.60.200 Potentially dangerous dog permits not transferable.

The potentially dangerous dog permit may not be sold, assigned or transferred and covers only the premises designated and the person to whom the permit was originally issued. (Ord. 16-2018 § 1, 6-5-18.)

6.60.210 Inspection and inspection fees.

(a) The animal services manager has the authority to inspect at any reasonable time and in a reasonable manner the dog that is subject to a potentially dangerous dog permit and the property where the dog is located in order to verify full conformance with the requirements of this title.

(b) The animal services manager may impose an additional fee for any inspection conducted in accordance with subsection (a) of this section, if either the dog owner or person with a right to control the dog has failed to maintain or board the dog in conformity with the requirements of this title. The inspection fee shall be set by resolution of the city council. (Ord. 16-2018 § 1, 6-5-18.)

6.60.220 Requirements for notification.

(a) Both the dog owner and person with a right to control a dog that is subject to a potentially dangerous dog permit are required to notify the animal services manager immediately if the dog:

(1) Is running at large; or

(2) Has attacked another domestic animal or a person.

(b) The dog owner and person with a right to control the dog may not move the place of residence of the dog within the city, sell, trade, give away, or otherwise transfer ownership and/or the right to control the dog to a person residing within the city, unless the animal services manager has issued a potentially dangerous dog permit for the new location and/or to the person assuming ownership and/or right to control the dog.

(c) If either the dog owner or person with a right to control the dog decides to sell, trade, give away, or otherwise transfer ownership and/or the control of the dog to a location outside of the city or to another person residing outside the city, the person transferring ownership and/or right to control must:

(1) Notify the animal services manager at least seven business days prior to the physical transfer of the dog;

(2) Provide the animal services manager with the name, address, and telephone number of the new owner or person with a right to control the dog; and

(3) Return the potentially dangerous dog permit tag to the animal services manager.

(d) In the event the dog dies, the owner or person with a right to control the dog must notify the animal services manager and return the potentially dangerous dog permit tag within 10 business days of the death of the dog. (Ord. 16-2018 § 1, 6-5-18.)

6.60.230 No new permit after denial or revocation.

If a potentially dangerous dog permit has been denied or revoked, the animal services manager may refuse to accept a new potentially dangerous dog permit application from the same applicant for two years from the date of such denial or revocation. (Ord. 16-2018 § 1, 6-5-18.)

6.60.240 Removal of designation as a potentially dangerous dog.

If there are no additional instances of the behavior or characteristics of a potentially dangerous dog within a 36-month period from the date of the designation as a potentially dangerous dog, either the owner or person with a right to control the dog may petition the animal services manager to remove the dog’s designation as a potentially dangerous dog. (Ord. 16-2018 § 1, 6-5-18.)

Article IV. Potentially Dangerous Dog Permit Denial or Revocation Hearing

6.60.250 Potentially dangerous dog permit denial or revocation hearing.

(a) If the animal services manager seeks to deny the application for or revoke a potentially dangerous dog permit, the animal services manager shall send to the applicant or permit holder a notice of intent to deny or revoke which states the following:

(1) The reason(s) for the denial or revocation;

(2) That the applicant or permit holder may appeal the intended decision by requesting a hearing in writing;

(3) That the request for a hearing must be received by the animal services manager within 15 calendar days after the date that a copy of the notice of intent to deny or revoke was placed in the mail; and

(4) Failure to request a hearing within the time specified may result in seizure of the dog.

(b) Upon receipt of a request for a hearing, the animal services manager shall set the date, time and place for the hearing. The animal services manager shall serve notice of the hearing by personal service or by first-class mail, postage prepaid, to the person requesting the hearing at least five business days before the date of the hearing. The hearing shall be conducted in accordance with the provisions of Section 6.60.080.

6.60.260 Potentially dangerous dog permit denial or revocation hearing decision.

(a) The hearing officer’s decision must be supported by evidence on the record.

(b) If the hearing officer upholds the decision to deny or revoke a potentially dangerous dog permit, then the hearing officer may direct that:

(1) The owner or person with a right to control the dog pay all applicable fees and transfer ownership of the dog to a person who either satisfies the requirements of this chapter or who will have the dog reside outside the city, within a specified time period;

(2) The city may dispose of the dog in accordance with state law;

(3) If either the owner or person with a right to control the dog fails to comply with the hearing officer’s decision, the animal services manager may summarily seize the dog and assume possession of the dog for disposal in accordance with state law;

(4) If the dog has been impounded in contemplation of or pursuant to the hearing, either the owner or person with a right to control the dog must pay all fees associated with the board and care of the dog. Both the owner and the person with a right to control the dog are responsible for the payment of all applicable fees;

(5) The owner or person with a right to control the dog has five business days upon service of the hearing officer’s decision to appeal the decision to the superior court pursuant to Section 6.60.100, or the decision will be deemed final; and/or

(6) Failure to appeal the hearing officer’s decision within five business days after service of the decision will result in the forfeiture of their interest in the dog and the city may dispose of the dog in accordance with state law.

(c) If the hearing officer decides denial or revocation of the potentially dangerous dog permit is not warranted, the hearing officer may order the potentially dangerous dog permit issued. If the dog is impounded, the hearing officer may require the release of the dog upon payment of the impound and board fees, and may add such conditions to the potentially dangerous dog permit as are necessary to effectuate the purposes of this chapter and to protect the public health, safety, and welfare. (Ord. 16-2018 § 1, 6-5-18.)

Article V. Maintenance of Potentially Dangerous Dog

6.60.270 Maintenance requirement.

It is unlawful for any person to possess or maintain a potentially dangerous dog in violation of this chapter. (Ord. 16-2018 § 1, 6-5-18.)

6.60.280 Potentially dangerous dog maintenance requirement.

The animal services manager may impose any or all of the following requirements upon the maintenance of a potentially dangerous dog:

(a) A potentially dangerous dog must be muzzled and leashed, as specified under Section 6.60.300, when it is on any public street or in any other public place, or upon any private place or property or common area of any planned development, cluster, townhouse, or condominium project unless the dog owner or person with a right to control the dog has obtained the consent of the owner or person in control of the private place or property or common area of the planned development, cluster, townhouse, or condominium project.

(b) A potentially dangerous dog must be spayed or neutered.

(d) The dog owner or person with a right to control the dog must seek preapproval from the animal services manager for a dog obedience class and attend the dog obedience class with the potentially dangerous dog. (Ord. 16-2018 § 1, 6-5-18.)

6.60.290 Confinement requirement.

If required by the potentially dangerous dog permit, a potentially dangerous dog must be securely confined at all times by one of the following means:

(a) Outdoors.

(1) The dog must be confined by means of a securely enclosed escape-proof, locked kennel or pen. Such kennel, pen or structure must have secure sides and a secure top attached thereto. The kennel or pen must be constructed in a manner and of such material so that it cannot be broken down by any action of the confined dog. All structures used for confinement of potentially dangerous dogs must be locked with a key or combination lock of sufficient strength to ensure confinement of the dog. Such structures must be erected upon a secure bottom or floor constructed of concrete or other material of sufficient depth to prevent the dog from digging free.

(2) The supporting posts of the structure must be set in concrete or other material not less than two feet into the ground and no further than six feet apart. The sides and ends of the structure must be constructed of solid boards or chain-link material not less than six feet in height and securely fastened to the top and bottom of the structure. The structure may not be constructed or maintained in any front or required side yard and must be maintained in a sanitary condition at all times. The dog(s) confined therein must be afforded adequate protection from the elements and kept in a humane manner in compliance with Chapter 6.10, Article II.

(3) The escape-proof, locked kennel or pen may not be located in a yard enclosed by a fence of less than six feet high.

(b) Indoors. The dog must be confined by means of a house, apartment, building, or similar structure wherein the windows and doors are secured to prevent the dog from exiting without the assistance of either the owner or person with a right to control the dog. (Ord. 16-2018 § 1, 6-5-18.)

6.60.300 Muzzling and leashing requirement.

(a) No person may bring a potentially dangerous dog to a place that does not meet the confinement requirements of the potentially dangerous dog permit, even temporarily, unless the dog is securely muzzled and leashed in accordance with this section, if required by the potentially dangerous dog permit.

(b) The leash must:

(1) Not exceed three feet in length;

(2) Be capable of restraining four times the weight of the dog; and

(3) Be attached to an escape-proof commercial quality walking harness that fastens securely across the shoulders and mid-chest encompassing the rib area and upper abdomen of the dog.

(c) The dog must be securely muzzled with a device constructed to allow normal respiration but impossible for the dog to remove without human assistance.

(d) The dog must be under the direct physical control of a person 18 years old or older who is physically capable of restraining the dog.

(e) The animal services manager may require the use of potentially dangerous marked or colored leash and collar or harness for identification of potentially dangerous dogs. (Ord. 16-2018 § 1, 6-5-18.)

6.60.310 Warning signs requirement.

The dog owner or person with a right to control the dog must post sign(s) advising of the presence of a potentially dangerous dog at every entrance to the property wherein any potentially dangerous dog is confined. The dog owner or person with a right to control the dog must obtain the signs from the animal services manager. A fee may be charged for the signs as set forth in the schedule of fees adopted by resolution of the city council. (Ord. 16-2018 § 1, 6-5-18.)

6.60.320 Transportation requirement.

(a) A potentially dangerous dog must be transported in a locked animal carrier equivalent in construction quality to those used by commercial air carriers.

(b) A potentially dangerous dog may not be unconfined or unattended in or about any motor vehicle. (Ord. 16-2018 § 1, 6-5-18.)

6.60.330 Insurance requirement.

(a) If required by the potentially dangerous dog permit, no person may keep, have, or maintain, sell, trade, or let for hire a potentially dangerous dog unless that person has a public liability insurance policy from an insurer licensed to practice in the state of California, in a single incident amount of not less than $100,000 for each such dog, for injury to or death of any person or persons, or loss or damage to any property, caused by or resulting from any act of such dog.

(b) The owner or the person with a right to control the potentially dangerous dog must provide written notice to the animal services manager of any cancellation or material change in the insurance within five days of service of notice from the insurer. Service may be personally served or by first-class mail, postage prepaid. In case of such cancellation or material change, the dog owner or the person with a right to control the dog must, at the time of the written notice to the animal services manager, also provide the animal services manager written assurance stating that the person will obtain other insurance to meet the requirement of this section. If no alternate insurance can be found before the current insurance coverage ends, then the person must remove the dog from the city, surrender the dog to the animal services manager or otherwise dispose of the dog in accordance with state law. (Ord. 16-2018 § 1, 6-5-18.)

6.60.340 Microchip implant requirement.

The owner or person with a right to control a dog that is subject to a potentially dangerous dog permit must, at his or her own expense, have a microchip inserted into the dog within 20 days of the designation as a potentially dangerous dog for identification purposes. The owner or person with a right to control the dog must provide the animal services manager with the identifying information listed on the microchip and the information must be noted in the city’s licensing record for that dog. (Ord. 16-2018 § 1, 6-5-18.)