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:
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)
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 7.48.020.
(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)
After the decision of the city council has been rendered as provided in Section 7.48.040, the animal control officer shall take such action as is necessary to carry out the decision.
(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)
