The animal control officer may cause any potentially vicious dog to be impounded and shall notify the owner, if known, that the dog has been impounded under the provisions of this chapter.
A dog may not be declared potentially vicious if:
A. 
The injury or damage was sustained by a person who, at the time of the injury or damage was sustained, was:
1. 
Committing a willful trespass or other tort upon the private property of the owner or person having the right to control the animal;
2. 
Teasing, tormenting, abusing or assaulting the dog;
3. 
Committing or attempting to commit a crime.
B. 
The injury or damage was sustained by a domestic dog that, at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog, or trespassing upon the private property of the owner or keeper of the dog.
C. 
The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
D. 
Nothing in this chapter shall apply to trained police dogs, while on duty.
(Ord. 6268 § 1, 2020)
The animal control officer may do any of the following with regard to a potentially vicious dog:
A. 
Impound such dog in the animal control center for purposes of observation for a period not to exceed 30 days;
B. 
Release such dog to the control of its owner upon any conditions which may reasonably be required to insure the public safety;
C. 
Issue an administrative citation to the dog’s owner pursuant to Chapter 2.50 of the Roseville Municipal Code.
(Ord. 6268 § 1, 2020)
A. 
No impounded dog which has been declared potentially vicious shall be released to the custody of its owner unless all fees and penalties assessed have been paid. Additionally, no dog declared potentially vicious shall be released to the custody of its owner unless such person demonstrates compliance with the conditions of release imposed by the animal control officer pursuant to Section 7.46.030.
B. 
A rebuttable presumption shall arise that a dog has been abandoned if any owner of an impounded dog declared potentially vicious has not met the conditions of release of the dog within 10 days after notice mailed by first-class U.S. mail or delivered in person, that the dog is available for release. The police chief, after the notice and hearing provisions of Chapter 7.48, may order the abandoned dog destroyed.
(Ord. 6268 § 1, 2020)
It is unlawful to fail to comply with any conditions of release imposed by the animal control officer. A failure to comply with any conditions of release may result in impoundment of the dog and further disposition pursuant to Section 7.46.030 or may result in the dog being declared vicious pursuant to Chapter 7.48.
A. 
In the event the animal control officer classifies a dog as potentially vicious, the animal control officer shall notify the owner of such dog by first-class U.S. mail or in person and further inform such owner of his or her right to appeal as provided by this section.
B. 
Any owner of a potentially vicious dog failing to appeal after notice as herein provided shall be deemed to have waived any right in or claim upon such dog or to claim any damages or other relief by reasons of any action by the animal control officer pursuant to this chapter.
(Ord. 6268 § 1, 2020)
A. 
Upon written request by the owner of the dog received by the police chief within 10 days after the mailing of the notice of potentially vicious dog classification, a hearing shall be held by the police chief or designee on the question of the classification. The owner of the dog and all victims and complainants shall be given notice of the hearing by first-class U.S. mail or in person at least five calendar days prior to the date of the hearing. The hearing shall be open to the public.
B. 
The owner of the dog may appear in person at the hearing or present a sworn written statement contesting the animal control officer’s classification.
C. 
Following the hearing, the police chief or designee shall make written findings of fact showing whether the dog is a threat to the public safety and whether the potentially vicious dog classification is proper. Such written findings of fact shall be the basis for the decision of the police chief or designee.
D. 
The decision of the police chief or designee shall be final.
E. 
If any dog previously declared to be potentially vicious has not exhibited any of the behaviors specified in Section 7.04.145 within 36 months following the date that the dog was declared potentially vicious, the dog is deemed to no longer be a potentially vicious dog; provided, however, that the same dog may again be declared potentially vicious or vicious if it again exhibits any of the specified behaviors defined in Section 7.04.145 or 7.04.180.
(Ord. 6268 § 1, 2020)
No person shall harbor or hide, or cause to be harbored or hidden, any potentially vicious dog, and shall surrender any such dog to the animal control officer upon demand.
(Ord. 6268 § 1, 2020)
The owner or keeper of any dog declared potentially vicious or potentially dangerous in another jurisdiction shall notify the animal control officer within 10 days of bringing the dog into the City of Roseville. If a dog is declared potentially vicious or potentially dangerous in another jurisdiction, the dog shall be deemed potentially vicious pursuant to this chapter. Accordingly, the animal control officer may impose upon the owner or keeper of such dog any conditions which may reasonably be required to insure the public safety.
(Ord. 6268 § 1, 2020)