The purpose of this article is to establish a program for the control of potentially dangerous and vicious animals that incorporates Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agricultural Code. This article does not apply to commercial kennels, pet fancier facilities, veterinarians, or to dogs while utilized by the Sheriff, any Police Department or any law enforcement officer in the performance of police work.
(Ord. 3796 § 4, 2006)
(A) 
If an animal regulation officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, the City shall petition the superior court for a hearing for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case.
(B) 
The City shall notify the owner of the animal that a hearing will be held by the court at which time such owner may present evidence as to why the animal should not be declared potentially dangerous or vicious. The owner of the animal shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail to the owner's last known address.
(C) 
Pursuant to Food and Agricultural Code Section 31621, the hearing shall be held promptly within no less than five working days nor more than 10 working days after service of notice upon the owner of the dog. The court shall admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the animal is potentially dangerous or vicious and make other orders authorized by this article and State law.
(D) 
The court shall decide all issues for or against the owner of the animal even if such owner fails to appear at the hearing. If the court rules the animal to be potentially dangerous or vicious, the court shall establish a time schedule to ensure compliance with this article and State law, but in no case more than 30 days subsequent to the date of the court's determination or 35 days if the service of the judgment is by first-class mail.
(E) 
The determination of the court shall be final and conclusive upon all parties.
(Ord. 3796 § 4, 2006)
(A) 
If upon investigation it is determined by an animal regulation officer that probable cause exists to believe an animal is potentially dangerous or vicious and poses an immediate threat to public safety, then the officer may seize and impound the animal pending the hearings to be held pursuant to this article. The owner of the animal shall be liable to the division for the costs and expenses of keeping the animal, if the animal is later adjudicated potentially dangerous or vicious.
(B) 
When an animal has been impounded pursuant to subsection (A) and it is not contrary to public safety, the Poundmaster shall permit the animal to be confined at the owner's expense in a commercial kennel or veterinary facility approved by the Poundmaster.
(Ord. 3796 § 4, 2006)
(A) 
No animal may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a wilful trespass or other tort upon premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal, or was committing or attempting to commit a crime. No animal may be declared potentially dangerous or vicious if the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault. No animal may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing or assaulting the animal.
(B) 
No animal may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the animal was working as a hunting animal, herding animal or predator control animal on property of, or under the control of, its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal.
(Ord. 3796 § 4, 2006)
(A) 
An animal determined to be a potentially dangerous animal, either after the owner of the animal has agreed to the designation, or after the court has determined the designation applies to the animal, shall be placed on a list of po-tentially dangerous animals by the Poundmaster and shall be maintained by the owners as follows:
(1) 
A potentially dangerous animal shall be properly licensed and vaccinated. The Poundmaster shall include the potentially dangerous designation in the registration records of the animal and shall charge a potentially dangerous animal fee, the amount of which shall be established by resolution of the City Council, in addition to the license fee required in Section 7-12.020. The owner shall post a sign on the premises facing the public street.
(2) 
A potentially dangerous animal, while on the owner's premises, shall, at all times, be kept indoors, or in a secure enclosure. A potentially dangerous animal may be off the owner's premises only if it is restrained:
(a) 
By a substantial leash not exceeding six feet in length and it is under the control of a responsible adult; and
(b) 
By an approved muzzle that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal; and
(c) 
By fitting the animal with an approved collar or other device which must be clearly visible at all times for the purpose of designating the animal as a potentially dangerous animal.
(3) 
The owner shall be responsible for the cost of posting one or more large signs, as determined to be necessary by the Poundmaster, in a conspicuous place on the property, which is visible and capable of being read from the fronting street or public highway, stating in substantially the following form:
"LEGAL NOTICE: By order of the Superior Court of Sonoma County, one or more animals at this place have been declared to be potentially dangerous animal(s). Therefore, when the animal is off this property, it must be restrained by a leash, be muzzled, and carry an approved collar or other device to give notice to the public of its designation by the court as a potentially dangerous animal. This property is being watched by the Poundmaster to assure compliance with this order. WARNING: Removing or defacing this notice without permission from the Poundmaster is a violation of the Santa Rosa City Code Section 1-30.300."
This sign shall be prepared and posted by the Poundmaster.
(4) 
If a potentially dangerous animal dies, or is sold, transferred or permanently removed from the City, the owner shall notify the Poundmaster of the changed conditions and new location of the animal in writing within two working days after such change.
(B) 
If there are no additional instances of the behavior described in the definition of "potentially dangerous animal" in Section 7-04.010 within a 36-month period from the date of designation as a potentially dangerous animal, the animal shall be removed from the list of potentially dangerous animals by the Poundmaster. The animal may be, but is not required to be, removed from the list of potentially dangerous animals prior to the expiration of the 36-month period if the owner of the animal demonstrates to the satisfaction of the Poundmaster that changes in circumstances or measures taken by such owner, such as training of the animal, have mitigated the risk to public safety.
(Ord. 3796 § 4, 2006)
(A) 
An animal determined to be a vicious animal may be humanely destroyed by the division when it is found, after proceedings conducted pursuant to this article, that the release of the animal would create a significant threat to the public health, safety and welfare.
(B) 
If it is determined that an animal found to be vicious shall not be destroyed, the court shall impose conditions upon the ownership of the animal that protect the public health, safety and welfare, including reserving jurisdiction to order destruction of the animal upon any further violation of this article or State law. Any enclosure that is required as a condition of ownership shall be a secure enclosure. A vicious animal shall be properly licensed and vaccinated. The Poundmaster shall include the vicious designation in the permanent registration records of the animal and shall charge a vicious animal fee, the amount of which shall be set by resolution of the City Council pursuant to Section 7-12.020. Animals declared vicious may not be kept on premises where minor children reside or are present.
(C) 
(1) 
A vicious animal, while on the owner's premises, shall, at all times, be kept indoors, or in a secure enclosure. A vicious animal may be off the owner's premises only if it is restrained:
(a) 
By a substantial leash not exceeding six feet in length and it is under the control of a responsible adult; and
(b) 
By an approved muzzle that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal; and
(c) 
By fitting the animal with an approved collar or other device which must be clearly visible at all times for the purpose of designating the animal as a vicious animal.
(2) 
If a vicious animal dies, or is sold, transferred or permanently removed from the City, the owner shall notify the Poundmaster of the changed conditions and new location of the animal in writing within two working days after such change.
(3) 
The owner shall be responsible for the cost of posting one or more large signs, as determined to be necessary by the Poundmaster, in a conspicuous place on the property, which is visible and capable of being read from the fronting street or public highway, stating in substantially the following form:
"LEGAL NOTICE: By order of the Superior Court of Sonoma County, one or more animals at this place have been declared to be potentially dangerous animal(s). Therefore, when the animal is off this property, it must be restrained by a leash, be muzzled, and carry an approved collar or other device to give notice to the public of its designation by the court as a potentially dangerous animal. This property is being watched by the Poundmaster to assure compliance with this order. WARNING: Removing or defacing this notice without permission from the Poundmaster is a violation of the Santa Rosa City Code Section 1-30.300."
This sign shall be prepared and posted by the Poundmaster.
(D) 
The owner of any animal determined to be vicious that is not destroyed shall present proof acceptable to the Poundmaster that the owner has procured liability insurance in the amount of at least $500,000.00 covering any damage or injury which may be caused by the vicious animal. Such liability insurance shall not be cancelled, unless the owner shall cease to own the animal prior to expiration of the vicious animal license. Coverage shall be evidenced by an endorsement by the insurer will provide the City at least 30 days advance notice of cancellation.
(Ord. 3796 § 4, 2006)
The owner of an animal determined to be a vicious animal shall be prohibited from owning, possessing, controlling or having custody of any animal for a period of three years, when it is found, after proceedings conducted pursuant to this article, that ownership or possession of an animal by the person would create a significant threat to the public health, safety and welfare.
(Ord. 3796 § 4, 2006)
The owner of any animal found potentially dangerous or vicious pursuant to this chapter shall, at his or her expense, have a microchip assigned by the Poundmaster, implanted into the animal for identification purposes. The identifying information listed on the microchip shall be noted in the licensing files for that animal. An animal that has been found to be potentially dangerous or vicious pursuant to this chapter shall be sterilized at the owner's expense.
(Ord. 3796 § 4, 2006)