means any of the following:
Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in Section 10.18.030.
Any animal which, when unprovoked, has seriously bitten, inflicted
injury, or otherwise caused injury attacking a domestic animal. For
the purposes of this chapter a domestic animal is any animal owned
or kept by or under the control of any person.
Any animal which, in the judgment of an animal control officer,
by virtue of its acts or disposition, has attacked or has the propensity
to attack or bite any person or animal without provocation.
(Ord. 1535 § 1, 1996)
means any of the following:
Any animal which, when unprovoked, in an aggressive manner,
inflicts severe injury on or kills a human being or animal.
Any animal previously determined to be dangerous which, after its owner or keeper has been notified of such determination, continues the behavior described in Section 10.18.010 or is maintained in violation of this chapter or in violation of any order made pursuant to this chapter.
(Ord. 1535 § 1, 1996)
means any physical injury that results in broken bones, muscle
tears, skin lacerations, or puncture wounds.
(Ord. 1535 § 1, 1996)
(a)
Whenever an animal suspected of being dangerous is reported to an animal control officer, or is otherwise observed by an animal control officer, an animal control officer shall investigate the circumstances, and, if it is found that such animal by reason of its acts or disposition constitutes a dangerous animal as defined in Section 10.18.010, such animal shall be determined dangerous by such animal control officer.
(b)
Whenever an animal is determined to be dangerous, the owner or keeper of such animal shall be notified in writing, stating the facts and circumstances surrounding the determination. Such notice shall specify the owner's or keeper's right to appeal the determination and the time for appeal, which shall be prior to the effective date of the order, and unless otherwise provided, shall be within ten days from the date of the order. Any appeal shall be filed with the city clerk pursuant to Chapter 2.50 of this code and shall be heard by the administrative appeals board pursuant to Chapter 2.50 of this code. Such hearing shall be held within no less than five calendar days nor more than forty-five calendar days after the owner or keeper of the animal files such an appeal.
(c)
Whenever an animal is determined to be dangerous, an animal control
officer shall order the owner or keeper of such animal to keep such
animal within a substantial enclosure, securely restrained, or such
other type of control as an animal control officer may deem suitable
under the circumstances. Such restraints or enclosures shall be sufficient
both to keep the animal from escaping and to prevent access by the
public. If suitable restraints or enclosures are not immediately available,
or if the owner or keeper of such animal fails or refuses to demonstrate
that such restraints or enclosures are available, such animal may
be impounded until such time that suitable restraints or enclosures
are available. If impounded, such animal shall not be released until
the owner or keeper demonstrates, to the satisfaction of an animal
control officer, that such restraints or enclosures are in place as
ordered.
(d)
If an animal determined to be dangerous is impounded due to the lack of suitable restraints or enclosures, and the owner or keeper of such animal is unable or refuses to comply with the order of the animal control officer to acquire or install suitable restraints or enclosures within fourteen calendar days after notice of such order, the animal shall be deemed abandoned or unclaimed, and subject to destruction, in a humane manner, by an animal control officer, unless a hearing is requested. A timely request for a hearing pursuant to subsection (b) of this section shall suspend the fourteen-day period until the hearing body hearing the appeal makes a determination and issues written findings. The owner or keeper of the animal shall be liable for the costs and expenses of keeping the animal impounded.
(Ord. 1535 § 1, 1996)
(a)
If an animal control officer has investigated and determined that there exists probable cause to believe that an animal is vicious, such animal control officer, or his or her supervisor or designee, shall request through the office of the chief of police, a hearing before the chief of police, or a police captain or commander designated by the chief of police, serving as a hearing officer for the purpose of determining whether or not the animal in question should be determined to be vicious. Pending a hearing on a determination of viciousness, an animal suspected of being vicious may also be determined by an animal control officer to be dangerous pursuant to Section 10.18.040 and dealt with accordingly.
(b)
An animal control officer shall notify the owner or keeper of the
animal that a hearing will be held at which time the owner or the
keeper of the animal, or his or her representative, may present evidence
as to why the animal should not be determined vicious. The owner or
keeper of the animal shall be served with notice of the hearing and
a copy of the request for the hearing, either personally or by first-class
mail with return receipt requested.
(c)
Such hearing shall be held promptly within no less than five working
days nor more than fifteen working days after service of notice upon
the owner or keeper of the animal. Technical rules of evidence shall
not apply, and the hearing officer may admit into evidence all relevant
evidence, including hearsay, incident reports, and the affidavits
of witnesses.
(d)
The hearing officer may determine, upon a preponderance of the evidence,
that the animal is vicious, and the hearing officer may make other
orders authorized by this chapter.
(e)
If, upon reasonable investigation under the circumstances, it is
determined by an animal control officer or a law enforcement officer
that probable cause exists to believe that the animal in question
poses an immediate threat to public safety, either by virtue of the
animal's disposition alone or by virtue of the animal's
disposition combined with inadequate restraints or enclosures, then
an animal control officer or law enforcement officer may seize and
impound the animal pending the hearings to be held pursuant to this
chapter. The owner or keeper of the animal shall be liable for the
costs and expenses of keeping the animal impounded.
(Ord. 1535 § 1, 1996; Ord. 1555 § 1, 1998)
(b)
If a determination is made that the animal is dangerous or vicious
the owner or keeper shall comply with orders of the hearing officer,
or the administrative appeals board, as the case may be, within the
time period therein established.
(c)
The determination of the hearing officer or administrative appeals
board, where applicable, is final.
(Ord. 1535 § 1, 1996)
(a)
An animal determined to be vicious may be ordered destroyed if the
return of the animal to the owner or keeper would create a threat
to the public health, safety, or welfare. If so ordered, such animal
shall be destroyed by an animal control officer in a humane manner.
(b)
If an animal determined to be vicious is not ordered destroyed, conditions
shall be imposed upon the ownership of the animal sufficient to protect
the public health, safety, and welfare.
(c)
If an animal determined to be vicious is not ordered destroyed, such
animal may not be sold, given, or transferred to another person without
the express written consent of the Palm Springs animal control department.
(Ord. 1535 § 1, 1996)
The hearing officer or administrative appeals board may decide
all issues for or against the owner or keeper of the animal even if
the owner or keeper, or his or her representative, fails to appear
at the hearing.
(Ord. 1535 § 1, 1996)
(a)
If an animal determined to be dangerous or vicious dies, the owner
or keeper of the animal shall notify in writing the animal control
department within two working days.
(b)
If an animal determined to be dangerous or vicious is to be sold, moved, transferred, or permanently removed from the city, the owner or keeper of the animal shall notify in writing the animal control department of such pending change of condition thirty days prior to such change. Such animal remains subject to any order previously made pursuant to this chapter, and the owner or keeper of such animal must demonstrate, to the satisfaction of an animal control officer, that the animal will continue to be maintained in suitable restraints or enclosures. If the owner or keeper of such animal fails to so demonstrate, then an animal control officer may impound such animal if necessary to protect the public health, safety, or welfare. Any animal so impounded shall be subject to the procedures as outlined in Section 10.18.040(d).
(Ord. 1535 § 1, 1996)
(a)
If there are no additional instances of the behavior described in Section 10.18.010 within a five-year period from the date of determination that an animal is dangerous, the original determination of dangerousness shall lapse.
(b)
The animal may, but is not required to be, determined not to be dangerous
prior to the expiration of the five-year period if the owner or keeper
of the animal demonstrates to the animal control department that changes
in circumstances or measures taken by the owner or keeper, such as
training of the animal, have mitigated the risk to the public safety.
Compliance with measures ordered by an animal control officer, hearing
officer or administrative appeals board pursuant to this chapter shall
not be grounds for a determination that an animal is not dangerous,
and there shall be no right of appeal from an animal control officer's
denial of a determination that an animal is not dangerous.
(c)
In no event and at no time shall an animal, once determined to be
vicious, be determined not to be vicious.
(Ord. 1535 § 1, 1996)
The city, through the order of an animal control officer, the
hearing office or administrative appeals board shall have the authority
to recover from the owner or keeper of an animal determined to be
dangerous or vicious the following costs to reimburse the city for
its actual expenses:
(1)
The costs and expenses of keeping an animal impounded.
(2)
The costs and expenses of destroying an animal.
(3)
The costs and expenses of conducting all hearings and proceedings
hereunder provided that, should the hearing officer rule in favor
of the owner or keeper of an animal, then no costs and expenses of
conducting all hearings and proceedings shall be reimbursable to the
city.
(Ord. 1535 § 1, 1996)
Any violation of any provision of this chapter, or of any order
of an animal control officer, a law enforcement officer, a hearing
officer or the administrative appeals board made pursuant to this
chapter, is a misdemeanor.
(Ord. 1535 § 1, 1996)
This chapter does not apply to animal control facilities or
animals utilized by any police department in the performance of police
work.
(Ord. 1535 § 1, 1996)
