Chapter 5-7 ANIMAL REGULATION

No person shall permit any horses, mules, donkeys, ponies, cattle, sheep, goats, rabbits, chickens, geese, ducks or turkeys of which he is the owner, caretaker or custodian to be at large within the City. Any such creature shall be deemed to be at large when it shall be off the premises owned or rented by its owner and unaccompanied by the owner or an agent or employee of the owner, the caretaker or the authorized custodian.

5-7-105 Use of manure.

No manure shall be dumped or left unsupervised on any street, alley, sidewalk, or any open area or lot, any inhabited portion of the City, nor shall any manure be used to grade, in whole or in part, any sidewalk, street or public area in the City unless such manure is completely covered with at least four inches (4″) of dirt.

5-7-110 City Manager or his designee to perform poundmaster duties in the absence of poundmaster.

If at any time there should be no duly appointed and acting poundmaster, the duties of poundmaster shall be performed by the City Manager or his duly authorized representative until a poundmaster is appointed.

5-7-115 Interference with poundmaster or police officers prohibited.

No person shall, in any manner, interfere or attempt to interfere with the poundmaster or any police officer in the performance of any duty imposed by the provisions of this Chapter. No person shall unlawfully take or attempt to take any animal seized pursuant to provisions of this Chapter from the custody of the poundmaster or any police officer. No person shall remove or attempt to remove from the public pound any animal impounded therein without having first redeemed the same as provided in this Chapter or obtained permission of the poundmaster to do so.

5-7-120 Poultry defined.

The term “poultry” as used in this Chapter, shall include chickens, turkeys, ducks, geese, guinea fowl, pigeons, pheasants or any other large domestic or tame birds. This shall exclude parakeets and canaries or similar small birds.

5-7-125 Registration with the Health Department required.

Any person who keeps or intends to engage in the business of keeping any animals, poultry, tame birds or large reptiles within the City shall register that fact with the Health Department and shall also give information as to the number and kinds of animals, birds, poultry or reptiles to be so kept with the Health Department unless specifically exempted under this Chapter. Such person shall be held responsible by the Health Officer, whether exempted or not, for the maintenance of all such premises in a clean and sanitary condition in accordance with all applicable provisions of this Chapter or other regulations and laws pertaining thereto.

An exception to the registration required in this Section shall be made whenever the animal kept or to be kept is a pet dog, cat, rabbit or similar animal commonly called a pet, owned by a person residing on the premises, does not exceed a total of two (2) over four (4) months old and is not an animal or a reptile or poultry prohibited under this Section or any other law or regulation.

5-7-130 Restrictions on keeping of poultry, rabbits and other small fur-bearing animals.

The following restrictions and regulations are applicable to keeping of poultry, rabbits, cats and other small fur-bearing animals:

(A) No poultry, rabbits or other small fur-bearing animals shall be allowed within fifty feet (50′) of any residence.

(B) No person shall keep more than six (6) live poultry, rabbits, or other small fur-bearing animals over four (4) months of age on any premises which are in a residential zone.

(C) All poultry and rabbits shall be kept, harbored and maintained not less than five feet (5′) from all lateral and rear property lines, unless there is a solid fence, solid side of a building or wall not less than five feet (5′) in height between such poultry or rabbits and the adjoining property; except, that where the property line abuts upon an alley, the distance requirement may be dispensed with.

(D) No persons shall keep more than three (3) cats of more than four (4) months of age on premises within the City.

This Section shall not apply to poultry, rabbits or small fur-bearing animals which are in a building approved by the building inspector which is completely enclosed and screened, so that no odor or fly nuisance exists, with the animal or poultry having no access to open area; and provided, that such use is not expressly prohibited under other law.

5-7-135 Keeping of swine prohibited.

No person shall keep any swine in the City.

5-7-140 Keeping of sheep, goats, horses, donkeys, mules, ponies, cows or other large animals.

No person shall keep one (1) or more sheep, goats, horses, donkeys, mules, ponies, cows or other large animals within the City unless they are kept on unimproved property one (1) acre in size.

None of the animals specified in this Section shall be allowed within one hundred feet (100′) of any residence.

5-7-145 Construction of certain stables.

Every stable or other building wherein any animals such as swine, sheep, goats, horses, asses, donkeys, mules, ponies, cows or animals raised for fur-bearing purposes are kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.

5-7-150 Maintenance of structures, pens, etc.

All structures, pens, coops or yards wherein animals, poultry or birds are kept or permitted to be kept shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin and free from objectionable odors.

The interior walls, ceilings, floors, partitions and appurtenances of all such structures shall be whitewashed or painted regularly.

The Health Officer, upon the complaint of any person, shall inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this Chapter.

5-7-155 Cooking of waste matter used as animal feed prohibited.

No waste matter or animal matter used for the feeding of sheep, goats, cows, chickens, geese or ducks shall be cooked within the City.

5-7-160 Fowl or animals which disturb peace by any sound or cry declared a nuisance.

It is hereby declared to be a nuisance, and no person shall keep, maintain or cause or permit to be kept or maintained upon any premises in any residential or commercial districts in the City, any crowing rooster, peacock, guinea fowl or any other fowl or animal which by any sound or cry shall unreasonably disturb the peace and quiet of any neighborhood.

5-7-165 Continuation of use of premises contrary to chapter after annexation of premises.

Whenever premises come into the City through annexation, if such premises were used contrary to the provisions of this Chapter prior to annexation, such use may be continued; provided, that the premises shall be maintained in accordance with this Chapter as well as other existing laws or regulations pertaining thereto. However, such use shall not be expanded after such annexation and shall be discontinued upon sale of the property by the owner of the property if such sale takes place after annexation of the property to the City.

5-7-170 Feeding of feral chickens made unlawful and declared a nuisance.

(A) It is unlawful, and declared a nuisance, for any person to feed, or provide food to, a feral chicken within the City of San Juan Bautista.

(B) This Section does not apply to feeding domesticated chickens kept in compliance with this Chapter.

Article 2. Dogs

5-7-200 Running at large prohibited.

No owner of any dog, whether licensed or unlicensed, shall permit or allow such dog to run at large on any public street, alley, park, square, place or any unenclosed lot or land within the City. All dogs shall be deemed running at large, within the meaning of this Chapter, unless lead or restrained by a substantial leash, chain, strap or cord, not to exceed eight feet (8′) in length, attached to their collars and actually held by some person or made fast to some stationary object.

5-7-201 Dog excrement.

(A) No person having ownership, custody, possession, or control of a dog shall:

(1) Suffer or permit the dog to deposit excrement on public property or the property of any other person not authorizing such conduct; or

(2) Fail promptly to remove, clean up, and properly dispose of any excrement deposited by the dog on public property or the property of any other person not authorizing such conduct; or

(3) While walking a dog on public property or upon the property of another, fail to carry, at all times, a suitable container or other suitable instrument for the removal and disposal of dog excrement.

(B) Visually disabled persons using seeing-eye dogs and persons using service dogs are exempt from this Section.

5-7-205 Confinement of vicious or dangerous dogs and female dogs in heat – Disposition of same when found running at large.

All dogs of fierce, dangerous or vicious propensities and all female dogs in heat, whether licensed or not, shall be at all times confined in a substantial pen in such a manner that no other dog, except another dog of the same owner, may come in contact with such dog. If any such dog is found running at large in violation of this Section, it shall be taken up and impounded and shall not be released except upon approval of the City Manager after the payment of the fees provided in this Chapter; provided, that if any dangerous, fierce or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain forthwith by the poundmaster or any policeman.

5-7-210 Keeping more than three (3) dogs in certain areas prohibited.

It shall be unlawful for any owner to keep more than three (3) dogs over the age of four (4) months each in any place in the City within two hundred fifty feet (250′) of any dwelling house in use or occupied by human beings, other than the dwelling house belonging to the owner of the dogs.

5-7-215 Vaccination required.

No person shall own, possess, maintain or have control of any dog over the age of four (4) months within the City that has not been vaccinated at intervals of not less than one (1) year and not more than two (2) years by a licensed veterinarian with a canine antirabies vaccine, approved by the Health Officer.

5-7-220 Dogs to be confined or muzzled during rabies emergencies – Killing of rabid dogs by poundmaster or police officers.

Whenever it becomes necessary to safeguard the public from the dangers of rabies, the Mayor, if the Mayor deems necessary, shall issue a proclamation declaring a thirty (30) day period of emergency and ordering every person owning or keeping a dog to confine it securely on his premises during such emergency period, unless such dog shall have a muzzle of sufficient strength to prevent its biting any person or animal. Any unmuzzled dog running at large during the period of the emergency shall be seized and impounded unless noticeably infected with rabies.

All dogs noticeably infected with rabies and displaying vicious propensities may be killed by the poundmaster or any police officer forthwith and without notice to the owner. The provisions of this Chapter shall apply to all dogs not noticeably infected with rabies. If at or near the end of the first or any subsequent thirty (30) day emergency period, as provided for in this Chapter, the Mayor believes that such emergency still exists, he may extend such emergency period from time to time for additional thirty (30) day periods until such emergency no longer exists.

5-7-225 Habitual barking – Declared a nuisance – Abatement.

No dog owner shall permit or allow his dog to habitually howl, bark or in any other manner disturb the peace and quietude of the community or of any person within the City. Such conduct on the part of any dog is hereby declared to be a public nuisance. It shall be the duty of the poundmaster and every police officer of the City to take whatever steps they may in their discretion believe to be necessary, to abate any such nuisance and in seeking to abate any such nuisance occurring in the presence of the officer, any such officer may enter upon private property and take any such dog into custody and impound the same; provided, that such dog may not be taken from any dwelling house or other building. In the event of the impounding of any dog as provided in this Chapter, all applicable provisions of this Chapter shall apply.

5-7-230 Habitual barking – Three (3) time violators to have licenses revoked – Release from pound.

All dog licenses issued as provided by this Chapter shall be revoked whenever a dog has been impounded for the third time as provided in this Chapter. No person shall keep or maintain any dog in the City after its license has been revoked.

Such dog may not be released from the pound except with the written permission of the City Manager, who shall first obtain from the owner a written agreement that such dog shall, if released, be permanently removed from the City. If the owner of such dog refuses to so agree, the dog shall be disposed of as provided herein. The owner may, however, sign such an agreement under protest and appeal by written notice to the City Council for reinstatement of the dog license. Pending a decision on such appeal, such dog shall be kept outside of the City. The City Council shall set such appeal for hearing within forty-five (45) days after receipt of such appeal and give the owner the opportunity to present witnesses in his behalf. The City Council may either reinstate the license or permanently revoke it and its decision shall be final.

5-7-235 Dangerous dogs – Revocation of licenses.

All dog licenses issued as provided by this Chapter may be revoked whenever a dog is found to be dangerous. A dangerous dog is hereby defined, for the purposes of this Chapter, to be a dog with the propensity to bite human beings. It shall be prima facie evidence that a dog is dangerous when it has bitten any person; provided, that such person is not trespassing upon the property of the owner.

5-7-240 Confinement after having twice bitten human beings – Reinstatement of licenses.

In the event any dog shall have, on a second occasion, bitten a human being other than a trespasser, such dog shall thereafter, if kept in the City, at all times be confined in a secure pen, in such a manner that it cannot escape, and such pen shall be inspected and approved by the City Manager. If such dog is in the City pound, it shall not be released until the City Manager has examined and approved such pen. If the owner of such dog shall refuse to provide such pen, the provisions of SJBMC 5-7-245 shall apply.

If such dog has been confined in a pen at the home of the owner during such second period of observation, instead of the City pound, the owner shall continue to keep such dog in such pen after such period of observation and shall sign a written agreement to keep such dog in such pen at all times thereafter so long as it shall remain in the City. If the owner shall refuse to unconditionally so agree, the license of such dog must be revoked and no other license may be issued for such dog. The owner may, however, appeal to the City Council for reinstatement of such dog license as provided in SJBMC 5-7-230 after such license has been revoked as provided in this Chapter, upon the ground that such dog is not in fact of a dangerous disposition.

5-7-245 Destruction of dogs with revoked licenses which are not properly confined.

Any dog whose license has been revoked upon the ground that it is a dangerous dog shall forthwith be destroyed if it shall thereafter be observed outside of the pen in which is shall be required to be confined.

5-7-250 License fee required – Term.

No person, hereinafter called “owner,” shall own, posses, maintain, harbor or have control of any dog over the age of four (4) months within the City for over thirty (30) days, unless such dog is licensed as provided in this Chapter. Every owner so having any dog over the age of four (4) months shall apply for a license for such dog and shall pay a license fee as follows:

(A) For each neutered male or spayed female: three dollars ($3.00);

(B) For each natural male or female: six dollars ($6.00).

Such license shall be paid to the City Clerk, City License Collector or to the poundmaster. Such license shall cover the period beginning July 1st and ending on the following June 30th, and shall be payable in advance on July 1st of each year. No license shall be issued for a portion of a year.

5-7-255 Applications – Exceptions as to “seeing eye” dogs.

The owner applying for any license required by this Chapter shall present a valid antirabies vaccination certificate stating the date the dog was vaccinated with antirabies vaccine, the type of rabies vaccine administered, the name and address of the owner, the breed, color, sex and age of the dog and signed by the veterinarian vaccinating the dog. Following presentation of the valid vaccination certificate by the owner, the owner shall make application for such license upon a form provided by the City, which application shall state his name and address, the name, breed, color, sex and age of each dog owned or kept by him and the date he acquired such dog, if acquired after July 1st, of the current license period.

The owner of a “seeing eye” dog, properly trained to assist blind persons, when such dog is actually being used by such blind person for the purpose of aiding him in going from place to place, shall make application for a license on such form and shall present such vaccination certificate but such license shall be issued without charge. All other licenses shall be paid for prior to the time they are issued.

5-7-260 Tags.

Upon payment of the license fee required by this Chapter, the City shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The shape of the tag shall be changed every year and shall have stamped thereon the expiration date of such tag and the number corresponding with the number on the certificate. Each owner shall provide each dog with a collar to which the license tag shall be affixed and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate shall be issued by the City upon presentation of a receipt showing the payment of the license fee for the current year and the payment of a fifty-cent ($0.50) fee for each such duplicate.

Dog tags shall not be transferable from one dog to another and no refund shall be made on any license fee because of the death of the dog or the owner’s leaving the City before expiration of the license period.

5-7-265 Grace period for payment of fees – Penalties for late payment of fees.

A grace period of thirty (30) days in obtaining a dog license is hereby granted and no penalty shall be imposed if such license is obtained within thirty (30) days after July 1st, or within thirty (30) days after the owner came into ownership or possession of such dog if he did not have such ownership or possession on July 1st. If such dog license is not purchased within the grace period, the owner in addition to regular license fee, shall pay a penalty as follows:

(A) Twenty-five percent (25%) if paid within the first month following the grace period.

(B) Fifty percent (50%) if paid within the second month following the grace period.

(D) One hundred percent (100%) if paid within the fourth month or any subsequent month following the grace period.

5-7-270 Charges to be debt to the City.

The amount of any dog license, together with penalties, impounding fees and all other charges specified in this Chapter, shall be deemed a debt to the City and any person liable for the payment thereof shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount thereof and also for the sum of twenty-five dollars ($25.00) which, if judgment is recovered, shall be applied as attorneys’ fees for the plaintiff and included in and assessed as recoverable court costs in such action.

5-7-275 Duty of poundmaster and police officers – Registry of impounded dogs.

It shall be the duty of the poundmaster and every police officer to apprehend any dog found running at large contrary to the provisions of this Chapter and to impound such dog in the City pound or other suitable place. The poundmaster, upon receiving any dog, shall make a complete registry, entering the breed, color and sex of such dog and whether the dog is licensed. If licensed, he shall enter the name and address of the owner and the number of the license tag. Licensed dogs shall be separated from unlicensed dogs.

5-7-280 Notice of impoundment – Right of redemption by owner.

Not later than one (1) day after the impounding of any dog, the owner shall be notified, if the owner is known, or if the owner of the dog is unknown, written notice shall be posted for four (4) days at the City Hall describing the dog and the place and time of taking. Notice may be given to the owner in person, by mail or by telephone.

The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and of all costs and charges incurred by the City for impounding and maintenance of such dog.

5-7-285 Charges.

The following charges shall be paid to the City Clerk, City License Collector or to the poundmaster for services performed by the City pursuant to this Chapter:

(A) For destroying any dog at the request of the owner: five dollars ($5.00).

(B) For picking up any animal at owner’s request: five dollars ($5.00).

(1) With license: ten dollars ($10.00);

(2) Without license: fifteen dollars ($15.00).

(D) Second or subsequent impounding of any dog:

(1) With license: twenty dollars ($20.00);

(2) Without license: twenty-five dollars ($25.00).

(E) Board or keeping of dog, per day: two dollars and fifty cents ($2.50).

(F) Board or keeping of cat, per day: one dollar and fifty cents ($1.50).

5-7-290 Disposition of unredeemed dogs – Destruction of diseased dogs.

The poundmaster shall keep all impounded dogs for a period of five (5) days. If at the expiration of five (5) days from the day of notice to the owner or posting of notice, such dog shall not have been redeemed, it may be destroyed in some humane manner or otherwise disposed of by the poundmaster. The poundmaster shall have the privilege of claiming any dog which has been impounded in the City pound and which has not been claimed or redeemed within the time specified in this Section. Any dog which appears to be suffering from rabies or affected with rabies, mange or other infectious or dangerous disease shall not be released but may be forthwith destroyed.

5-7-295 Records and reports by poundmaster.

The poundmaster shall keep a permanent record in which he shall list all dogs impounded, giving such information as the City Council may require, but such record shall include the date, description of the dog, where it was picked up, its age, sex and breed, whether licensed or unlicensed, whether reclaimed or disposed of and if disposed of, in what manner. Such record shall also include all charges and receipts of all money.

The poundmaster shall make a periodic report to the City Council, upon request, giving such information to the City as is required by this Chapter and as may be requested.

Article 3. Dangerous Animals

5-7-300 Purpose.

The keeping of an animal defined as dangerous under this Article shall be declared a public nuisance and shall be abated in accordance with the provisions of this Article. The procedure for abatement of dangerous animals set forth in this Article shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City laws (including without limitation provisions relating to dangerous dogs in Article 2 of this Chapter) or from utilizing any other procedure or remedy provided by law. This Article shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is dangerous.

5-7-305 Definitions.

As used in this Article, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent:

(A) “Animal control officer” means the City Manager or any person or entity designated by the City Manager under this Article as the animal control officer for the City, including, but not limited to, any County Sheriff Deputy or City employee designated to enforce the animal control regulations of this Article.

(B) “Dangerous animal” means any of the following:

(1) Any animal which, when unprovoked, inflicts injury on or kills a human being, or domestic animal.

(2) Any animal which, when unprovoked, engages in aggressive conduct requiring defensive action by any person to avoid bodily injury.

(3) Any animal which, when unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack.

(4) Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting.

(C) “Enclosure” means a fence or structure of at least six feet (6′) 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 Section 597t of the California Penal Code.

(D) “Hearing officer” means the person appointed by the City Manager to serve as the hearing officer under this Article.

(E) “Impounded” means taken into the custody of the animal control officer or the City animal shelter.

(F) “Owner” means the owner, custodian, keeper or person having custody, control or possession of an animal.

(G) “Person” means a natural person or any legal entity, including, but not limited to, a corporation, firm, partnership or trust.

(H) A “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.

5-7-310 Inspection.

Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Article, or whenever any public safety 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 Article 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 public safety officer or animal control officer by applicable law; provided, that:

(A) If such property is occupied, he or 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 or 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 public safety 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 life or safety of the animal, other animals, or the public, he or 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, the officer shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and purpose of the inspection.

(D) It is unlawful for any person to interfere with, hinder, fail or refuse to permit, after proper demand has been made upon him or her, a public safety officer or animal control officer to make any inspection provided for by subsection (C) of this Section.

5-7-315 Animals at large.

(A) It is unlawful and a violation of this Article for an owner of an animal to permit 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 if such animal has at any time engaged in any of the behavior described at SJBMC 5-7-305(B).

(B) It shall be unlawful and a violation of this Article for a person convicted of a violation of subsection (A) of this Section to own, possess, control or have custody of any animal of the type, species, group or family which caused the bite, attack or injury for a period of three (3) years after the date of conviction.

5-7-320 Temporary impoundment or confinement.

(A) The animal control officer shall have the power to summarily and immediately impound an animal where there is probable cause to believe that the animal is an immediate danger to public safety, pending:

(1) Any court proceeding relating to the animal; or

(2) A hearing to be held pursuant to SJBMC 5-7-325. The owner of the animal shall reimburse City for the costs and expenses of impounding and keeping the animal if the animal is later determined to be dangerous.

(B) It shall be a violation of this Section for any person in control of an animal subject to impoundment to fail or refuse to surrender the animal to the animal control officer upon demand.

(C) An animal impounded pursuant to this Section shall be returned to the owner as provided by SJBMC 5-7-335, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to SJBMC 5-7-325 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 a kennel or veterinary facility approved by the animal control officer, or, if approved by the animal control officer, 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. The animal control officer shall direct to the owner the manner in which the animal is to be restrained while awaiting the hearing and the owner shall follow said direction.

(E) The animal control officer may have an animal that has been impounded or confined permanently identified by means of photo identification prior to release from impoundment or confinement.

(F) If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray.

5-7-325 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 appoint and petition a 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 certified mail. The hearing shall be held within no less than five (5) working days nor more than ten (10) working days after the owner is served with notice.

(C) Conduct of Hearing. The hearing officer shall conduct the hearing in an informal manner and shall afford the owner the 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 shall be tape recorded if ordered by the hearing officer or requested by the owner of the animal or the complainant referenced in subsection (C) of this Section. A stenographic report shall also report the proceedings if ordered by the hearing officer or requested by the owner or complainant, 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 of property damage and/or destruction;

(6) Whether the animal exhibits any characteristics of being trained for fighting or attack, and 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;

(11) Any other relevant evidence regarding the ability of the owner to protect the public safety in the future if the animal is permitted to remain in the City;

(12) Any other evidence determined by the hearing officer to be relevant to deciding the matter before the hearing officer.

(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 any order authorized by this Chapter or other law. If the evidence does not so support such finding, the hearing officer shall so find. The decision of the hearing officer shall be final.

5-7-330 Notification and appeal.

After a hearing conducted pursuant to this Chapter, the owner of the animal shall be notified in writing, either personally or by first-class mail postage prepaid, of the determination and orders issued 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 the established time schedule. 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 determination to the San Benito County Superior Court pursuant to California Food and Agricultural Code Section 31622. The petitioner or owner of the animal shall serve notice of the appeal upon the other party by personal service or first-class mail, postage prepaid.

5-7-335 Dangerous animals – Disposition.

(A) The owner of an animal which has inflicted injury upon or killed any person or domestic animal, or has otherwise been determined 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 may contain any or all of the following conditions, requiring of the owner:

(1) Registration. To immediately register the dangerous animal with the animal control officer, to comply with the animal control officer’s requirements for dangerous animals (including, but not limited to, requiring the animal to wear a visible dangerous animal tag), and to keep such animal properly vaccinated at all times. The fee to keep or maintain one dangerous animal shall be fifty dollars ($50.00) for a twelve (12) month period, 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 period. Should the animal die in any twelve (12) month period, the owner shall notify the animal control officer of the death within two (2) working days.

(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 feet (2′). 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 injury/death to persons and other animals, and damages to property, 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 the hearing officer if the animal is moved to another location inside or outside the City limits as provided in this Chapter.

(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 inches (3″) high.

(8) Identification. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal’s inner thigh or inserted by a licensed veterinarian under the animal’s skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purposes of this Section, “tattoo” shall be defined as any permanent numbering of an animal by means of indelible or permanent ink.

(9) Inspection. To consent and agree to the entry upon the premises to any public safety officer or animal control officer for the purpose of inspecting the animal and/or premises.

(10) Payment of Costs. To make reasonable payment of all costs incurred by the City.

(11) Other. To take any other steps deemed reasonably necessary to prevent injury, death, and damages to the public.

(B) The owner of the animal shall comply with the conditions imposed by the hearing officer within the time limit designated.

(C) 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.

(D) 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 California Food and Agricultural Code Section 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, SJBMC 5-7-345(A), which authorizes the hearing officer to order an animal destroyed for violation of this Article or failure to meet a condition imposed by the hearing officer.

(E) If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, 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 an 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 may 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.

5-7-340 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 Article or State law to any person within the City unless the recipient 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 Article or State law 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 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 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 City.

(C) Sale or Transfer into City. It is 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 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 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 Article.

(D) Animal Abuse and Fight Training Prohibited. It is unlawful for anyone to knowingly abuse any animal within the City limits, or 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 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 animal fight exhibitions.

(E) Rewards. Subject to the budgetary and fiscal provisions of this 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 and/or citing 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.

5-7-345 Enforcement and penalties.

(A) It is unlawful for the owner of an animal deemed dangerous under this Article or State law to fail to comply with the requirements and conditions set forth in this Article. Any animal found to be the subject of a violation of this Article or of any condition imposed by the hearing officer shall be subject to immediate seizure and impoundment. In addition, failure to comply with an order of the hearing officer may result in the immediate removal of the animal from the City or the destruction of the animal. No such animal, however, may be destroyed until the owner of the animal has received written notice from the City 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 or animal control officer that the owner has fully complied with the requirements and conditions set forth in this Article, including, but not limited to, the conditions imposed by the hearing officer pursuant to SJBMC 5-7-335; 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, order the animal destroyed.

(B) Any violation of this Article shall be subject to the penalty provisions of SJBMC Title 13.

(C) The owner of an animal determined to be dangerous under this Article 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 SJBMC 5-7-325 that ownership possession of such animal by that person would create a significant threat to public health, safety or welfare.

(D) Any provision of this Article may be enforced by the County Sheriff, Fire Department, the animal control officer or any authorized designee of the City Manager. 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) 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 special assessment lien, as provided by this Code or Section 38773.1 of the California Government Code.

(F) 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 or more of the penalties or remedies provided for herein or at law or in equity.

5-7-350 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

Legislative History: Ords. 5 (no date), 11A (4/20/05), 13A (7/5/05), 33A (5/25/14), 97 (12/6/55), 102 (6/5/58), 107 (5/5/59), 116 (4/4/61), 125 (2/5/63), 149 (6/4/68), 155 (7/7/70), 155.1 (8/5/80), 195 (12/1/81), 2006-04 (3/21/06), 2012-03 (5/15/12), 2012-06 (9/18/12).