[1]
Editor's note: Prior ordinance history: Ord. 918.
for purposes of this chapter means any of the following:
Any animal which is a stray in public, or which trespasses upon
the private property of a person other than its owner, on three or
more separate occasions within a 12-month period.
Any animal which is on the private property of a person other than its owner, without the permission of that property owner or resident, and which causes excessive damage to that property as described in Section 6.18.016.
(Ord. 1690, 8/8/2023)
for purposes of this chapter means any of the following:
Any animal which, when unprovoked, on at least one occasion
engages in a behavior that requires a defensive action by any person
to prevent bodily injury.
Any animal which, when unprovoked, bites a person causing a less severe injury than defined in Section 6.18.018 of this chapter.
Any animal which, when unprovoked, has bitten, inflicted injury,
or otherwise caused injury to another domestic animal by attacking
it while off the property of its owner.
(Ord. 1690, 8/8/2023)
for purposes of this chapter means any of the following:
Any animal seized under California Penal Code Section 599aa
and upon the sustaining of a conviction of the owner or caretaker
under California Penal Code Section 597.5(a).
Any animal which, when unprovoked, in an aggressive manner,
inflicts severe injury on or kills a human being or another domestic
animal.
Any animal previously determined to be, and which is currently listed as, a potentially dangerous animal, which, after its owner or caretaker has been notified of this determination, continues to engage in a behavior that is described in Section 6.18.012 of this chapter.
(Ord. 1690, 8/8/2023)
means any damage caused to the personal property of a person
other than the owner of the animal that exceeds a value of $1,000.
(Ord. 1690, 8/8/2023)
means physical injury to a human being that results in muscle
tears or multiple puncture wounds or disfiguring lacerations or that
requires multiple sutures or corrective or cosmetic surgery or results
in the death of the person. "Severe injury" also means physical injury
to any domestic animal that results in muscle tears or multiple puncture
wounds or disfiguring lacerations or that requires multiple sutures
or results in the death of any domestic animal.
(Ord. 1690, 8/8/2023)
(a)
This chapter does not apply to any dog while utilized by any
public law enforcement agency or peace officer in the performance
of public safety work.
(b)
This chapter does not apply when a person is injured by an animal,
as a result of unlawfully entering upon or willfully trespassing upon
the premises of another person.
(c)
This chapter does not apply if the potentially dangerous or
vicious behavior of an animal was a result of the animal being teased,
tormented, abused or assaulted.
(d)
This chapter does not apply if the dog was protecting or defending
a person within the immediate vicinity of the dog from an unjustified
attack or assault.
(e)
This chapter does not apply when a dog is working as a hunting
dog, herding dog, or predator control dog on the property of, or under
the control of, its owner or caretaker, and the injury was to a species
or type of domestic animal appropriate to the work of the dog.
(f)
This chapter does not apply to humane societies, municipal animal
shelters or veterinary clinics.
(Ord. 1690, 8/8/2023)
It shall be unlawful for any person owning or having possession,
custody, charge or control of any animal to cause or permit, either
willfully or through failure to exercise due control, such animal
to run unrestrained on any public street, sidewalk, place, schoolyard,
common area, park, open space, trail, or to be on the private property
of a person other than the owner or caretaker of such animal without
first receiving permission from that property owner or resident, on
three or more occasions within a 12-month period.
(Ord. 1690, 8/8/2023)
It shall be unlawful for any person owning or having possession,
custody, charge or control of animals known by such person to be potentially
dangerous or vicious to cause or permit, either willfully or through
failure to exercise due control, such animals to run loose about said
person's premises in a manner that would endanger any person
lawfully entering such premises, or cause or permit, either willfully
or through failure to exercise due control, the animal to be unrestrained
upon or about any public street, sidewalk, park, schoolyard, common
area, trail, open space, or property of a person other than the owner
of the stray animal.
(Ord. 1690, 8/8/2023)
(a)
Animal owners and caretakers of animals shall, at all times,
take all reasonable precautions to prevent their animals from stalking,
biting, attacking or attempting to stalk, bite or attack any person
or other domestic animal.
(b)
The animal services manager or any peace officer or animal services officer is authorized to impose reasonable temporary housing restrictions that the animal owner or caretaker must comply with prior to an administrative hearing that will ensure the animal's confinement and control. In addition, consistent with state law, if upon investigation it is determined by the animal services manager or any peace officer or animal services officer that probable cause exists to believe that an animal poses an immediate threat to public safety, then the animal services manager or any peace officer or animal services officer may seize and impound the animal prior to a hearing. A hearing may be held at the request of the animal services manager or the owner or caretaker of said animal consistent with this chapter. The owner or caretaker of the animal shall be liable to the city of Laguna Beach for costs related to the impoundment, including, but not limited to, the cost of care, housing, feeding, veterinary medical services and immunizations, if the animal services manager determines the animal is potentially dangerous or vicious after a hearing conducted pursuant to Section 6.18.060 of this chapter.
(Ord. 1690, 8/8/2023)
(a)
Whenever an animal suspected of being a nuisance or potentially
dangerous or vicious is reported, the animal services officer shall
investigate the circumstances and, if he or she finds that such an
animal has done any of the acts or has shown a disposition or propensity
to do any of the acts declared to constitute a nuisance or potentially
dangerous or vicious animal, he or she shall notify the animal services
manager or his or her designee in writing, stating all the facts and
circumstances in support of the animal services officer's findings.
(b)
If, after careful review of the officer's report and findings,
and after review of any other related information or evidence collected
or received, the animal services manager determines there exists probable
cause to believe that an animal is a nuisance, potentially dangerous
or vicious, he or she shall establish a hearing as provided in this
chapter. If after said hearing has been conducted the animal services
manager determines the animal to be a nuisance or potentially dangerous
or vicious, he or she may order the owner or caretaker in writing
to:
(1)
Have the animal tattooed or have implanted a special microchip
under the scruff of the neck of the animal for positive identification
of the animal and registered owner.
(2)
Have the dangerous or vicious animal wear a secure muzzle that
will not cause injury to the animal nor interfere with its vision
or respiration, but shall prevent it from biting any person or domestic
animal whenever the animal is on any public street, sidewalk, public
place, common area, schoolyard, park, trail, open space or private
property of a person other than the owner. Animals declared a nuisance
that do not pose a threat to public safety may be exempt from this
stipulation at the discretion of the animal services manager or his
or her designee.
(3)
Restrain the animal with a leash strong enough to prevent its
escape that does not exceed three feet in length whenever it is on
any public street, sidewalk, public place, common area, park, trail,
open space or private property other than the animal's owner
or caretaker. The animal may only be taken out in this manner when
under the immediate control of an adult who is capable of restraining
the animal.
(4)
Obtain a bond or liability insurance in an amount of $1,000,000
against bodily injury or death or damage to property. The liability
insurance or bond shall be kept in effect continuously and shall not
be cancelled unless the animal is no longer kept by the insured owner
or caretaker. The bond or liability insurance must be obtained and
a certificate presented to the animal services manager within 21 calendar
days of the animal being classified as a nuisance, potentially dangerous
or vicious animal. The owner or caretaker must provide notification
of cancellation or nonrenewal of the bond or liability insurance within
10 calendar days to the animal services manager.
(5)
Enroll the animal in behavioral training that is approved by
the animal services manager.
(6)
Keep the animal inside the residence of the owner or caretaker
or within a substantial enclosure, or keep the animal securely attached
to a chain in the enclosed portion of the property whenever the animal
is kept outside the residence, or any other type of control that the
animal services manager may deem adequate under the circumstances
to protect the public safety. All exit/entrance gates must remain
secured with fences and gates kept in a good state of repair at all
times. At no time shall the animal be permitted unattended on any
unenclosed portion of the property, even when restrained by a chain
or leash. If such restraint is impossible or impracticable, or if
the animal poses an immediate threat to public safety, or the safety
of other domestic animals, and it cannot be immediately controlled
and confined by the owner or caretaker of said animal, the animal
may be impounded at the owner's expense until the owner or caretaker
is able to comply with the order.
(7)
When the animal is transported in a motor vehicle, transport
the animal only when muzzled or inside an enclosure or other device
of sufficient strength and stability to ensure that the animal does
not escape or pose a threat to the public or persons passing by.
(8)
Immediately notify animal services staff if the nuisance or
potentially dangerous or vicious animal escapes or becomes unconfined
from its premises.
(9)
Notify the animal services manager if it is the owner's
intent to relocate their animal to a location other than the property
inspected and approved for its confinement by an animal services officer
at least 15 calendar days in advance of such relocation.
(10)
Comply with any other restraint and/or restrictions as deemed
appropriate by the animal services manager to ensure public safety
or the safety of other domestic animals.
(c)
If upon receiving written notification as aforementioned, the
owner or caretaker fails to provide adequate restraint or control
of said animal as ordered by the animal services manager within a
reasonable period of time, such owner or caretaker may be subject
to prosecution for violation of this section. An animal services officer
will be assigned to document the compliance of the owner or caretaker
with all established mandates implemented by the animal services manager
and/or hearing officer.
(Ord. 1690, 8/8/2023)
Whenever the animal services manager or his or her designee
receives a report of a dog who commits any of the acts that constitutes
a potentially dangerous or vicious animal, and he or she determines
such animal to be potentially dangerous or vicious, he or she may
order the owner or caretaker to post and keep upon the premises where
such dog is kept under restraint as herein provided, a notice containing
the words "Beware of Dog." Each letter of said notice shall be not
less than two inches in height and the notice shall be displayed in
plain conspicuous view in a location that can be seen from the public
right-of-way. Failure to obey such order, in any respect as herein
provided, may subject the owner or caretaker to prosecution for violation
of this section.
(Ord. 1690, 8/8/2023)
If after review of the animal service officer's investigation
the animal services manager determines that there exists probable
cause to believe that an animal is a nuisance, potentially dangerous
or vicious, he or she shall conduct an administrative hearing to determine
whether or not said animal is a nuisance, potentially dangerous or
vicious. Whenever possible, any complaint received from a member of
the public which serves as the evidentiary basis for the animal services
officer or peace officer to find probable cause shall be verified
by the complainant. Said complaints shall be signed and dated by the
complainant. The animal services manager shall notify the animal owner
or caretaker of the animal that a hearing will be held by the department
at which time he or she may present evidence as to why the animal
should be declared a nuisance, potentially dangerous or vicious. The
owner or caretaker of the animal shall be served with the notice of
the hearing and complaint, either personally or by first class mail
with return receipt requested. The hearing shall be held promptly
within no less than 10 calendar days nor more than 21 calendar days
after the service of notice upon the owner or caretaker of the animal.
The hearing shall be open to the public. The animal services manager
may admit into evidence all related evidence, including incident reports,
photographs, witness's statements, veterinarian records, etc.,
and may shorten the time to produce records or witnesses. The hearing
may find, upon a preponderance of the evidence, that the animal is
a nuisance, potentially dangerous or vicious and make other orders
authorized by this chapter.
(Ord. 1690, 8/8/2023)
The animal services manager or hearing officer who is conducting
a hearing or appeal pursuant to this chapter may decide all the issues
for or against the owner or caretaker of the animal even if the owner
or caretaker fails to appear at the hearing or appeal.
(Ord. 1690, 8/8/2023)
After a hearing is conducted pursuant to Section 6.18.060 of this chapter, the owner or caretaker of the animal shall be notified in writing of the determination and orders issued by the animal services manager, either personally or by mail with return receipt requested. If the owner or caretaker of the animal contests the determination, he or she may, within 15 calendar days of the receipt of the notice of determination, appeal the decision by filing a letter of appeal with the animal services manager. The animal services manager shall designate a hearing officer to schedule and conduct an appeal hearing within 30 calendar days of receipt of the appeal request and shall notify the appellant of said date in person or by first-class mail. The appellant may introduce evidence to show that the animal is not a nuisance or potentially dangerous or vicious or that the imposed conditions of the order are inappropriate. The hearing officer shall conduct a de novo hearing in accordance with the provisions of this chapter, and shall make an independent determination as to whether the animal is a nuisance, potentially dangerous and/or vicious based upon the evidence presented. The decision of the hearing officer shall be final.
(Ord. 1690, 8/8/2023)
If the animal in question dies, or is sold, transferred, or
is permanently removed from the city of Laguna Beach, the owner or
caretaker of the nuisance, dangerous or vicious animal shall notify
animal services staff of the changed condition and new location and
ownership of the animal in writing within 10 calendar days.
(Ord. 1690, 8/8/2023)
If there are no additional incidents of the behavior or acts as described in Section 6.18.010 or 6.18.012 of this chapter within a 36-month period from the date of designation as a nuisance or potentially dangerous animal, the animal may no longer be considered a nuisance or potentially dangerous animal and such designation shall be removed. The designation of the animal may be, but is not required to be, removed prior to the 36-month period, but not less than a 12-month period, if the owner or caretaker of the animal demonstrates to the satisfaction of the animal services manager or his or her designee that changes in circumstances have occurred, or measures have been taken by the owner or caretaker, such as behavioral training and/or appropriate restraint measures, to mitigate or eliminate any safety risks to the public and other domestic animals.
(Ord. 1690, 8/8/2023)
Any animal determined to be vicious under the provisions of
this chapter may be ordered banned from the city or humanely destroyed
if the animal services manager finds that:
(a)
The owner or caretaker of said animal has failed to, is unwilling
to, or is unable to, comply with the conditions of any existing vicious
declaration/order.
(b)
The owner or caretaker of any said animal impounded under this
chapter fails to, or is unwilling to, or is unable to, retrieve their
pet and comply with the conditions of any new or established order
within a 30-calendar day period.
(c)
The release of the animal would create a significant threat
to public health, safety, or welfare.
(Ord. 1690, 8/8/2023)
The animal services manager may prohibit the owner of an animal determined to be vicious from owning, possessing, controlling or having custody of any animal for a period of up to three years, when it is found, after proceedings conducted under Sections 6.18.060 and 6.18.062 of this chapter if applicable, that ownership or possession of an animal by that person would create a significant threat to the public health, safety and welfare of other people or domestic animals.
(Ord. 1690, 8/8/2023)
The city shall include the nuisance, potentially dangerous and
vicious animal declaration of any such animal in the city's registration
records after the animal services manager and/or hearing officer determines
that the declaration applies to the animal. A special fee may be charged
to the owner or caretaker of a nuisance, potentially dangerous or
vicious animal in addition to a regular city registration fee to provide
for the increased cost of regulating such animals. Such fee shall
be as established by resolution of the city council, which may be
amended from time to time.
(Ord. 1690, 8/8/2023)
Nothing in this chapter shall prevent the city from commencing
a civil or criminal proceeding to abate a public nuisance as an alternative
to the procedures set forth in this chapter.
(Ord. 1690, 8/8/2023)
