Chapter 6.19
REGULATION OF DANGEROUS ANIMALS
Sections:
6.19.020 Habitual offender, potentially dangerous, and vicious animals.
6.19.010 Definitions.
For purposes of this chapter, the words and terms set forth below are defined as follows:
(A) “Enclosure” means a fence or structure that will prevent the entry of young children and that will confine a potentially dangerous or vicious animal, in conjunction with other measures that may be required to be taken by the owner or custodian of the animal. “Confine” means that the enclosure must be designed to prevent the animal from escaping.
(B) “Habitual offender” shall mean an animal that has had three or more violations, involving separate incidences, of any provision of this title.
(C) “Owner” means the person who owns an animal and includes any person who has or maintains custody of the animal with the owner’s permission.
(D) “Potentially dangerous animal” means any of the following:
(1) An animal that on two separate occasions within the prior 36-month period engages in any unprovoked behavior, off the property of the owner, that requires a defensive action to prevent bodily injury to a person, domestic animal, or livestock;
(2) An animal that, when unprovoked, bites a person or otherwise engages in aggressive behavior causing a nonsevere injury; or
(3) An animal that, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock off the property of the owner.
(E) “Severe injury” means any physical harm to a human being that results in a serious illness or injury, including but not limited to a major fracture, muscle tears, or disfiguring lacerations requiring multiple sutures or corrective cosmetic surgery.
(F) “Vicious animal” means any of the following:
(1) An animal that engages in or has been bred or trained to engage in exhibitions of fighting;
(2) An animal that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a person; or
(3) An animal previously designated as and currently listed as a potentially dangerous animal in Santa Cruz County, or a dangerous animal in another jurisdiction, which, after its owner has been notified of that designation, continues the behavior described in subsection (D) of this section, or is maintained in violation of a stipulation, an administrative decision, a court order, or restrictions placed upon it by another jurisdiction. [Ord. 5388 § 9, 2022].
6.19.020 Habitual offender, potentially dangerous, and vicious animals.
(A) Director’s Authority to Determine Animal to Be Habitual Offender, Potentially Dangerous, or Vicious.
(1) The Director is hereby authorized to declare an animal to be a habitual offender, potentially dangerous, or vicious based on the animal meeting the definition of those terms as set forth in this chapter.
(2) Exceptions. No animal may be determined to be potentially dangerous or vicious under this chapter if:
(a) The injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime;
(b) The animal was protecting or defending a person from an unjustified attack or assault within the immediate vicinity of the animal;
(c) The injury was sustained by an animal that, at the time of the injury, initiated an attack against the animal; or
(d) The injury was sustained by an animal while the animal was working as a hunting, herding, or predator-control animal while under the control of its owner and the injury was to a type of animal appropriate to the work of the animal.
(B) Consequences of Habitual Offender Determination. Upon declaring an animal to be a habitual offender, the Director may impose reasonable conditions which are designed to cease further violations of this code. To the extent possible, the conditions should be narrowly designed to address the specific violation at issue. In the alternative, and if necessary, the Director may impound the animal and humanely euthanize it as set forth in SCCC 6.20.040.
(C) Consequences of Potentially Dangerous Animal Determination. Upon declaring an animal to be potentially dangerous, the Director shall impose the following conditions:
(1) The animal must be properly licensed, microchipped, and vaccinated at the owner’s expense before release to its owner. If the animal was not impounded, the animal owner must provide proof that the animal is licensed, microchipped, and vaccinated within 14 calendar days after the Director’s determination is served on the owner. The Department may include the designation in the registration records of the animal.
(2) The animal, while on the owner’s property, must be kept indoors or in a securely fenced yard or enclosure from which the animal cannot escape, and into which children cannot enter. The Department must inspect and give written approval of the yard or enclosure before the animal is released to its owner. If the animal was not impounded, the Department must inspect and give written approval of the yard or enclosure within 14 calendar days after the Director’s determination is served on the owner.
(3) The animal may be off the owner’s premises only if it is muzzled with a Department-approved basket muzzle and restrained by a substantial leash, not exceeding six feet in length, and at all times under the control of an adult capable of restraining and controlling the animal (the muzzle and leash requirement applies only to dogs). At no time may the animal be left unattended while off the owner’s premises.
(4) The owner of the animal must notify the Department immediately if the animal is at large or has committed an attack on any person, domestic animal, or livestock. If the animal no longer resides with the owner or has been transferred to another person, the owner must advise the Department of the animal’s new location in writing, under penalty of perjury, and provide a copy of the Director’s determination to the new owner. Each subsequent owner must provide each new owner with a copy of the Director’s determination during the effective period of the determination. Likewise, if the animal is moved to another jurisdiction, the owner is required to provide the animal control authorities in the new jurisdiction with a copy of the Director’s determination during the effective period of the determination.
(5) For dogs, the owner of the dog and the dog must complete a Department-approved obedience course for a minimum of 10 hours of training, at the owner’s expense, within 60 calendar days of the Director’s determination. If the dog was impounded, the course must be approved by the Department before the release of the dog to the owner. If the dog was not impounded, the owner must obtain approval of the course within 14 calendar days after the Director’s determination.
(6) If the animal was impounded, it must be spayed or neutered at the expense of the owner before release. If the animal was not impounded, the animal owner must provide proof that the animal has been spayed or neutered within 30 calendar days after the Director’s determination is served on the animal’s owner.
(7) The owner of the animal may be required to maintain general liability insurance covering property damage and bodily injury caused by an animal declared to be potentially dangerous, with a combined single limit of $300,000 per occurrence. If required to maintain insurance, the owner must show proof of insurance within 14 calendar days after the Director’s determination is served on the animal’s owner.
(8) If the animal is impounded, all charges for services performed by the Department and all fines must be paid before the release of the animal to its owner or within 14 days after the services are performed or the charges and fines are ordered to be paid. If the owner does not take possession of the animal and pay the charges and fines within 14 calendar days after the services are performed or the charges and fines are ordered to be paid, the animal will be deemed abandoned and may be humanely euthanized by the Department as set forth in this chapter.
(9) The Director may impose additional conditions that are necessary to protect the public safety and welfare.
(D) Consequences of Vicious Animal Determination. The following consequences apply to an animal determined by the Director to be vicious:
(1) An animal determined to be a vicious animal may be humanely euthanized by the Department when it is found, after the opportunity for an appeal hearing pursuant to subsection (F) of this section, that the release of the animal would create a significant threat to the public health, safety, or welfare.
(2) If it is determined that an animal found to be vicious will not be euthanized, the Director shall impose the conditions set forth above for potentially dangerous animals, the conditions required by this section, and any other conditions necessary to protect the public health, safety, and welfare.
(3) A vicious animal must be kept in an enclosure that is sealed on all sides and locked with a padlock when not under the immediate control of the owner. The Director may require that the enclosure have a top and a cement floor. If the animal was impounded, the enclosure must be approved by the Department in writing before the release of the animal to the owner. If the animal was not impounded, the animal owner must obtain the written approval of the Department within 14 calendar days after the Director’s determination is served on the animal owner.
(4) The owner of a vicious animal must give written notice of the vicious animal determination to the local branch of the United States Post Office and to all utility companies providing services to the premises where the animal is kept. If the animal was impounded, the owner must provide a copy of the notices to the Department before the animal is released from impound. If the animal was not impounded, the animal owner must provide a copy of the required notices to the Department within 14 calendar days of the Director’s determination.
(5) The owner of the animal must post one or more signs on the premises, at a location(s) approved by the Department, stating that a vicious animal resides on the premises. The sign(s) must be posted within 14 calendar days after the Director’s determination.
(6) The owner of an animal determined to be a vicious animal may be prohibited from owning, keeping, possessing, controlling, or having custody of any animal for a period of up to three years, if the Director determines that ownership or possession of an animal by that person would create a significant threat to the public health, safety, or welfare.
(E) Notice to Owner of Director’s Determination.
(1) Upon declaring an animal a habitual offender, potentially dangerous, or vicious, the Director shall serve upon the owner of the animal either personally or either by first class mail with return receipt requested or priority mail a written notice that such animal shall be humanely euthanized or otherwise subject to appropriate conditions upon the expiration of the appeal period unless the owner requests an appeal hearing pursuant to Chapter 6.26 SCCC.
(2) The notice shall contain (a) the name, business address, and telephone number of the person providing the notice; (b) the authority for the order; (c) a description of the animal, including any known identification upon the animal; (d) a copy of the complainant’s statement and report of the Director, if any; (e) a statement from the Director specifying whether the animal should be humanely euthanized or proposing conditions as outlined above; and (f) notice of the owner’s right to request an appeal hearing pursuant to Chapter 6.26 SCCC. Having served the notice, the Director shall detain the animal at the owner’s expense until the animal is humanely euthanized, appropriate conditions outlined above have been implemented, or an appeal hearing is held.
(F) Appeal of Director’s Determination or Conditions Imposed. Parties may appeal a decision of the Director under this chapter as set forth in Chapter 6.26 SCCC.
(G) Violation of Conditions Imposed on Habitual Offender, Potentially Dangerous, and Vicious Animals.
(1) The failure to comply with any condition imposed upon a potentially dangerous or vicious animal is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both a fine and imprisonment.
(2) A violation of any condition imposed upon a potentially dangerous or vicious animal may be the subject of a civil action for injunctive relief to enjoin the person who violated the condition. The filing and prosecution of such an action does not limit the authority or ability of the County to take any other action permitted by law. [Ord. 5388 § 9, 2022].