The animal control officer shall cause any vicious dog to be impounded and shall notify the owner, if known, that the dog has been impounded under the provisions of this chapter.
(Ord. 6268 § 1, 2020)
An dog may not be declared 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 dog;
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 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. 
Cause such dog to be destroyed if, in his or her opinion, the release of such dog would create a threat to the public safety.
(Ord. 6268 § 1, 2020)
A. 
No impounded dog which has been declared vicious shall be released to the custody of its owner unless all fees and penalties assessed have been paid. Additionally, no dog declared 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 7.48.020.
B. 
A rebuttable presumption shall arise that a dog has been abandoned if any owner of an impounded dog declared 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 or designee, after the notice and hearing provisions of this chapter, may order the abandoned dog destroyed.
(Ord. 6268 § 1, 2020)
A. 
In the event the animal control officer classifies a dog as 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 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 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 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.
(Ord. 6268 § 1, 2020)
A. 
In the event the animal control officer determines that a vicious dog is to be destroyed pursuant to the provisions of Section 7.48.020(C), he or she shall notify the owner of such dog by first-class U.S. mail or in person at least 10 days in advance of the intended destruction, and further inform such owner of his or her right to appeal as provided by this section. The notice of intention shall be in substantially the following form:
Notice of Intention to Destroy Dog
(Name and Address of Owner of the Animal)
The Animal Control Officer has determined that your dog, a ________, is a vicious dog constituting a threat to the public safety. For that reason the Animal Control Officer has determined that the dog shall be destroyed on ________.
As owner of the dog, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing before the Police Chief.
You may appear in person at the hearing or you may present a sworn written statement. Notice mailed ________.
____________________________
Police Chief City of Roseville
B. 
The animal control officer shall not destroy the dog until the owner has exhausted his or her right to appeal pursuant to this chapter.
C. 
Any owner of a 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 a notice of intention to destroy the dog, a hearing shall be held by the police chief or designee on the question of the destruction. 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 determination.
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. Such written findings of fact shall be the basis for the decision of the police chief or designee. A finding that the dog should be destroyed shall specify a date for destruction that is later than the expiration of the appeal period provided in subsection D of this section.
D. 
Appeal from any decision of the police chief or designee may be made, in writing, to the city council within 10 calendar days from the police chief’s or designee’s action. Within the same 10-dayperiod, the appellant shall pay an appeal fee as established by resolution adopted by the city council, as amended from time to time, no part of which shall be refundable.
E. 
Any order of destruction made by the police chief or designee shall be stayed pending the final decision of the city council.
(Ord. 6268 § 1, 2020)
A. 
After hearing testimony from all interested parties as it may deem proper, the city council may:
1. 
Uphold the decision of the police chief or designee and order the dog destroyed;
2. 
Order the return of the dog to its owner and impose such conditions upon such return as may be reasonably necessary to insure the public safety; or
3. 
Take such other action as it may reasonably find necessary to protect the public safety, including a continuation of the impoundment of such dog for a period not to exceed 30 days from the date of the hearing.
B. 
The decision of the city council shall be final.
(Ord. 6268 § 1, 2020)
No person shall harbor or hide, or cause to be harbored or hidden, any 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 vicious or 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 vicious or dangerous in another jurisdiction, the dog shall be deemed 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)