(a)
It
is unlawful for any person owning or having charge of any dangerous
animal to permit such animal to remain within the city unless and
until such person has obtained a dangerous animal permit.
(b)
It
is unlawful for any person owning or having charge of any animal that
is infected with any disease which may be transmitted to humans or
which constitutes a public health hazard to permit such animal to
remain within the city other than at an approved veterinary hospital,
unless the animal control officer or administrator approves an alternate
means of confinement. The animal control officer or administrator
is hereby empowered to impound and destroy any animal not kept in
compliance with this section.
(c)
The
animal control officer shall be empowered to seize any animal the
officer reasonably believes to be infected with a disease transmittable
to humans or dangerous or to have bitten any person. The animal control
officer shall quarantine such animal in the animal shelter long enough
to investigate, observe, examine, and determine whether it is diseased
or dangerous so as to be a threat to public health, or safety.
(d)
In
the alternative, the animal control officer may require the owner
or custodian to quarantine such animal in an approved enclosure upon
the owner or custodian's property, or at an approved kennel,
animal shelter, or veterinary facility during such time that a determination
is being made.
(e)
Seizure,
impound, and disposition of diseased or dangerous animals is subject
to the notice and hearing procedures in this chapter.
(Ord. 3146-19 § 1)
(a)
Any
animal demonstrating conduct which fits that described under Section
6.01.010(o) or which is suspected of being infected with any disease
which may be transmitted to humans shall be impounded by or surrendered
to the animal control officer or administrator, or quarantined upon
the owner or custodian's property in an approved enclosure,
as directed by the animal control officer.
(b)
A
determination as to whether or not such dangerous or diseased animal
poses a threat to the public health and safety shall be made by the
animal control officer. Upon such determination, the animal control
officer may take no further action against the animal and its owner;
may issue a formal warning notice; may require that the animal be
permanently removed from the city; may decide that the owner will
lose all rights of ownership and control of the animal; may require
that the animal owner secure a permit to keep such animal; or may
order the animal destroyed. The animal control officer shall notify
the owner in writing of this determination and the owner's right
to appeal.
(c)
Any
owner of an animal who is dissatisfied with the determination made
by the animal control officer may appeal such determination in writing,
within seventy-two hours, to the administrator. Upon receipt of such
request, the administrator shall conduct a hearing to determine if
the animal is dangerous, as defined, and/or poses a threat to public
health and safety. If the animal has been surrendered to or impounded
by the animal control officer or administrator, the hearing shall
be held within ten days, not including weekends or holidays, after
receipt of the request. Where the animal has not been surrendered
to or impounded by the animal control officer or administrator, the
administrator shall promptly set a time and place for the hearing
and shall cause notice of the hearing to be deposited in the mail
or hand delivered to the owner at least five days before the date
of the hearing.
(d)
At
the hearing, the owner may be represented by counsel, may present
oral and written evidence, and may crossexamine witnesses. Strict
rules of evidence shall not apply. Any relevant evidence may be admitted
if it is of a type upon which reasonable persons are accustomed to
rely in the conduct of serious affairs. The decision of the hearing
officer must be supported by the weight of the evidence and shall
be final.
(e)
On
the basis of evidence produced at the hearing, the hearing officer
may take no further action against the animal and its owner; may require
that the animal be permanently removed from the city; may decide that
the owner will lose all rights of ownership and control of the animal;
may require that the animal owner secure a permit to keep such animal;
or may order the animal destroyed. The hearing officer shall give
written notice to the owner and to the city of the decision within
fifteen days of the hearing. Service of the decision may be served
either personally or by first-class mail, postage prepaid.
(f)
The
owner has five business days upon service of the hearing officer's
decision to appeal the decision to the Santa Clara County Superior
Court pursuant to Food and Agriculture Code Section 31622, as may
be amended from time to time. The hearing officer's decision
will be deemed final if no appeal is filed on or before the expiration
of the appeal period. The owner must also provide notice of the appeal
to the administrator within five business days upon service of the
hearing officer's decision.
(Ord. 3146-19 § 1)
(a)
It
is unlawful for any person to keep, have, maintain, sell, or trade
any dangerous animal within the city without first obtaining a permit
from the administrator. Such permit may be valid for up to twelve
months from the date of issuance and must be renewed at the end of
the calendar year in which the permit is issued for so long as the
dangerous animal remains within the city limits.
(b)
No
permit shall be required of any zoo, university, college, governmental
research agency, or other bona fide scientific institution, as determined
by the administrator, engaging in scientific or public health research.
(c)
All
dangerous animal permits shall be issued in accordance with requirements,
regulations, terms, and conditions approved by the administrator as
they currently exist or as amended from time to time.
(d)
Failure
to comply with the requirements, regulations, terms and conditions
of a permit may be grounds for revocation of the permit.
(f)
Fees
for obtaining the permit required by this section shall be established
as set forth in a resolution adopted by the city council.
(Ord. 3146-19 § 1)
An owner or custodian of an animal deemed dangerous shall comply
with the following requirements:
(a)
Confinement,
Generally. The owner shall confine the dangerous animal within a building
or secure enclosure, as further described in this chapter and subject
to the exceptions described in this chapter.
(b)
Muzzle
and Leash. A dangerous animal may be permitted off the premises only
if it is securely muzzled and leashed on a non-retractable leash not
to exceed four feet in length and under the control of a person eighteen
years of age or older, and who is physically capable of restraining
the animal. Said leash must be capable of restraining four times the
weight of the animal. For dangerous animals, the leash must be attached
to an escape-proof commercial quality walking harness which fastens
securely across the shoulders and mid-chest encompassing the rib area
and upper abdomen of the dog. No collar of any type or material will
be sufficient to satisfy the above requirements. Dangerous animals
shall not be leashed or tethered at any time to inanimate objects
such as trees, posts, or buildings. The muzzling device for dangerous
dogs must be constructed so that it is impossible for the dog to remove
it without human assistance.
(c)
Signage. In addition to subsection (a) above, a sign advising of the presence of a dangerous animal shall be posted at the entrance to every place wherein any such dangerous animal is confined. The sign shall be approved by the animal control officer and capable of being understood by a child.
(d)
Transportation.
Transportation of dangerous animals shall only be in locked animal
carriers equivalent in construction quality to those used by commercial
air carriers. No dangerous animal shall be left unconfined nor unattended
in or about any motor vehicle.
(e)
Confinement Standards. Dangerous animals shall be kept securely confined indoors or in a securely enclosed escapeproof locked kennel or pen other than when on a leash as provided in subsection (b) of this section.
(1)
Dangerous animals kept indoors in a house, apartment, building or
similar structure shall be allowed only where the windows and doors
of said structure are secured to prevent any such animal from exiting
without the assistance of the owner or custodian.
(2)
Dangerous animals kept outdoors shall be confined in a kennel, pen
or structure that must have secure sides and a secure top attached
thereto. The kennel or pen shall be constructed in a manner so that
it cannot be broken down by any action of the confined animal. All
structures used for confinement of dangerous animals must be locked
with a key or combination lock of sufficient strength to ensure confinement
of said animals. Such structures must be erected upon a secure bottom
or floor constructed of concrete or other material sufficient to prevent
the animal from digging free. Sides of the structure shall be imbedded
not less than two feet into the ground behind a solid fence not less
than six feet in height.
(f)
Insurance.
The owner shall maintain 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 three hundred thousand dollars plus
five thousand dollars for nofault medical payments for each dangerous
animal, 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
animal. The public liability insurance amount can be satisfied with
one single policy or a combination of policies wherein the primary
policy is either a homeowners, renters, or animal liability policy
and the secondary policy is an umbrella policy, excess policy, or
both. The owner shall provide written notice to the administrator
of any cancellation or material change in the insurance within five
days of receipt of notice from the insurer. In case of such a cancellation
or material change, the owner, at the time of the written notice to
the administrator, shall also provide the administrator a written
assurance stating that the person will obtain other insurance to meet
the requirement of this section. If no alternate insurance can be
obtained before the previous insurance policy lapses, the owner must
remove the animal from the city, or otherwise dispose of the dog in
a manner prescribed by law. The owner shall notify the administrator
of the removal or disposition of the animal due to lapsed insurance.
(g)
Notification.
The owner or custodian of a dangerous animal shall notify the administrator
prior to moving, selling, transferring, or otherwise disposing of
the animal, or when the dangerous animal is at large, has committed
an attack or act of aggression on any person or animal, or has died.
(h)
The
owner shall adhere to all other requirements reasonably established
by the animal control officer or administrator to ensure the health,
safety and welfare of the public.
(Ord. 3146-19 § 1)
It is unlawful for an owner or custodian of any animal known
by such person to be dangerous to cause or permit the animal to run
loose about the person's premises in a manner endangering any
person lawfully entering such premises, or cause or permit the animal
to be unrestrained upon or about any public street, sidewalk, park,
schoolyard, or private property of other persons.
For purposes of this section, lawful entry to a premises includes,
but is not limited to, entry made by a person in the performance of
any duty imposed upon that person by the laws of this state or any
city or county or by the laws or postal regulations of the United
States, or when that person is on such property by reason of accident
beyond control, or disaster, or by invitation either expressed or
implied.
(Ord. 3146-19 § 1)
(a)
A civil action for damages against the owner or custodian of a dangerous animal which bites any person or animal on either private or public property may be instituted by the victim of such bite. Damages shall include actual damages, costs, attorneys' fees and a civil penalty of five thousand dollars in addition thereto. The court also may award punitive damages in a proper case. Nothing in this provision shall be construed to limit any other right or remedy otherwise available in law or equity to any party, nor shall this section in any way limit the city's right to enforcement under Chapter 1.04 of this code.
(b)
In
the case of a bite by an animal, the court, in determining punitive
damages, shall take into consideration whether the animal was or should
have been licensed and properly maintained as a dangerous animal pursuant
to this chapter.
(c)
This
section shall not apply to dog bites inflicted by police dogs owned
or maintained by the department of public safety.
(Ord. 3146-19 § 1)
Upon demand by an animal control officer or administrator, the
owner or custodian shall exhibit such animal and its license if required
by this title.
(Ord. 3146-19 § 1)
