The uncontrolled maintenance of vicious animals constitutes a dangerous situation which presents a threat to the health, safety and welfare of persons and animals within the city. This situation presents a serious hazard within the city which is compounded by the increasing tendency to maintain animals which, by virtue of breeding and training, have a propensity to attack others. The purpose of this chapter is to protect the public health, safety and welfare by regulating vicious animals.
(County code § 6-1.1001)
Any person possessing knowledge of facts indicating that there is a vicious animal within the city may file with the chief of the animal control division a written affidavit containing the following facts:
A. 
A description of the animal, including, to the extent known, the color, size, sex, breed and name of the animal and the name and address of the owner of the animal;
B. 
An assertion that the animal described is a vicious animal, together with a statement of facts upon which the assertion is based, including the name and address of any person or animal which has been victimized by the allegedly vicious animal, the date and location of any incidents related to the assertion, the name and address of any witnesses thereto, and an explanation of how the knowledge of the incident was acquired; and
C. 
The name, residential and occupational addresses, and telephone numbers of the affiant.
(County code § 6-1.1002)
A. 
Upon the receipt of an affidavit filed in compliance with Section 6.36.030, the chief of the animal control division may investigate the incident or incidents described in the affidavit for the purpose of verifying the facts stated or for obtaining other information. In conducting such investigation, the chief of the animal control division shall attempt to obtain pertinent information from the attacking animal's owner.
B. 
If, based upon such affidavit and investigation, the chief of the animal control division identifies facts which, in his or her discretion, show the existence of a vicious animal, the chief of the animal control division may immediately locate and impound the animal as necessary to protect the public health, safety and welfare. The chief of the animal control division may use any lawful means which are reasonably necessary to so locate and impound the animal.
(County code § 6-1.1003(a))
If, based upon an affidavit or investigation pursuant to this chapter, the chief of the animal control division determines that an animal capable of carrying or transmitting rabies has bitten a person or other animal, the chief of the animal control division shall report the matter to the chief of the environmental health division, who shall take such action as is appropriate under Chapter 6.32 of this title. In the event of a conflict between this chapter and Chapter 6.32, the provisions of Chapter 6.32 shall supersede the conflicting provisions of this chapter.
(County code § 6-1.1003(b))
A. 
The following factors shall be considered in determining whether an attack has been provoked for purposes of this chapter:
1. 
Whether the person or animal which was attacked acted in a manner which would reasonably be expected to excite the attacking animal;
2. 
In the case of a person being attacked, whether the exciting conduct, if any, was intentionally and knowingly engaged in;
3. 
The nature and extent of the attack as compared to the nature and extent of the exciting conduct, if any; and
4. 
Whether the attack occurred in an enclosed space and, if so, whether the enclosure was prominently and clearly posted in a manner which would notify a reasonable person of the dangers of entering the enclosure.
B. 
The list set forth in subsection A is intended to be illustrative and is not exhaustive. Furthermore, conduct which may be provocation for a minor attack is not necessarily provocation for an attack of a more serious nature.
(County code § 6-1.1003.1(a))
A. 
The following factors shall be considered in determining the appropriate disposition of a vicious animal under this chapter:
1. 
The factors specified in Section 6.36.060;
2. 
The location of the attack;
3. 
Efforts by the owner to control the attacking animal; and
4. 
Prior incidents of a similar nature involving the attacking animal and/or its owner.
B. 
The list set forth in subsection A is intended to be illustrative and is not exhaustive.
(County code § 6-1.1003.1(b))
The chief of the animal control division may do any of the following with regard to an animal which has been determined to be vicious in accordance with Sections 6.36.040 and 6.36.050 of this chapter:
A. 
Retain the animal for observation for a period not to exceed fourteen days;
B. 
Release the animal to the owner upon such conditions as are reasonably determined to be necessary to ensure the public health, safety and welfare and which may include, but need not be limited to, requiring (1) that the animal be securely muzzled, leashed and under the control of a person eighteen years of age or older who is physically capable of restraining the animal whenever the animal is off the premises, (2) that the animal be confined on the owner's premises in an enclosure approved by the chief of the animal control division, and (3) that the owner demonstrate financial responsibility by posting a bond or certificate of insurance for not less than ten thousand dollars. The owner shall agree that a violation of any of the conditions imposed upon the release of the animal may result in the animal being impounded and destroyed; or
C. 
Cause the animal to be destroyed if, in the opinion of the chief of the animal control division and the chief of the environmental health division, the release of such animal would create a significant threat to the public health, safety and welfare.
(County code § 6-1.1004(a))
A. 
The chief of the animal control division shall notify the owner of the animal of the intended disposition of the animal pursuant to Section 6.36.080 of this chapter within three days of such decision. In the event the chief of the animal control division determines pursuant to said Section 6.36.080 that the animal is to be destroyed, the notice shall be given at least five days in advance of the intended action and at least ten days in advance of such action if notice is given by mail. Such notice may be served personally or by mail. Service shall be deemed to be complete and effective upon deposit with the United States Postal Service.
B. 
The notice shall contain the following:
1. 
A summary of the facts upon which the chief of the animal control division has based the determination that the animal is a vicious animal;
2. 
The intended disposition of the animal and the reasons therefor;
3. 
A copy of the provisions of this chapter, if not already provided to the owner; and
4. 
Notice of the owner's right to a hearing pursuant to Section 6.36.100 of this chapter.
C. 
If additional information is subsequently obtained, the chief of the animal control division shall not be limited to the facts, incidents and reasons set forth in the notice in any administrative or judicial proceeding reviewing the determinations and decisions made pursuant to this chapter.
(County code § 6-1.1004(b))
A. 
The owner of the animal may appeal the decision of the chief of the animal control division pursuant to Sections 6.36.080 and 6.36.090 of this chapter by filing a written request for a hearing, including the grounds and reasons therefor, with the city clerk within five days after the date of the notice given by the chief of the animal control division pursuant to said Sections 6.36.080 and 6.36.090 if such notice is personally served, or within ten days if such notice is given by mail only. The city clerk shall thereupon transmit copies of the hearing request to the agricultural commissioner, the director of public health, and the presiding judge of the municipal court, or, in the event such judge has designated a hearing officer, the person so designated.
B. 
Any person who fails to request a hearing within the time specified in this section shall be deemed to have waived any right in or claim upon such animal or to claim any damages or other relief by reason of any action by the chief of the animal control division pursuant to this chapter.
(County code § 6-1.1005)
In the event a request for a hearing is properly filed, a hearing shall be held pursuant to the provisions of this section and Sections 6.36.120 and 6.36.130.
A. 
The hearing shall be conducted by an individual who is designated by the presiding judge of the municipal court. The person may be an employee of the county who is not assigned to the animal control division or the environmental health division or who is not otherwise subordinate to the chief of the animal control division or the chief of the environmental health division. Unless otherwise agreed by the parties, the hearing shall be held within thirty days after the date the request for the hearing was properly filed.
B. 
The burden shall be upon the chief of the animal control division to prove that the animal is a vicious animal. If it is found or established that the animal is a vicious animal, the burden shall be upon the appellant to prove that the disposition ordered by the chief of the animal control division is unreasonable.
C. 
At the hearing the appellant and the animal control division may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence shall not apply. Any relevant evidence may be admitted if it is the sort of evidence which responsible persons are accustomed to rely upon in the conduct of serious affairs. For good cause, the hearing may be continued. The hearing shall be tape recorded, and all documents presented as evidence shall be maintained as part of the record of the hearing.
D. 
In the event the appellant fails to appear at the time, date and place appointed for the hearing, the hearing shall be conducted in the absence of the appellant, and the hearing officer shall render a decision based upon evidence presented during the hearing.
(County code § 6-1.1006 (part), (a), (b))
A. 
The hearing officer shall render a decision within ten days after the close of the hearing. The decision shall be supported by the weight of evidence. The decision of the hearing officer shall be final, Chapter 1.08 of this code notwithstanding.
B. 
The decision shall be in writing and shall include findings of fact and conclusions respecting the following:
1. 
Whether, based upon the evidence presented during the hearing, the animal is a vicious animal; and
2. 
If the animal is determined to be a vicious animal, what disposition should be made. The hearing officer shall formulate a disposition based upon all of the facts and circumstances revealed by the evidence and may:
a. 
Uphold the decision of the animal control division and order the decision carried out,
b. 
Order the return of the animal to its owner upon such conditions as may be reasonably necessary to ensure the public health, safety and welfare, including, but not limited to, those set forth in Sections 6.36.080 and 6.36.090 of this chapter, and subject to the further condition that the animal may be destroyed if any of such conditions is breached, and
c. 
Such other action as is found reasonably necessary to protect the public health, safety and welfare, including a continuance of the impoundment of such animal for the purposes of observation for a period not to exceed thirty days after the date of the order.
C. 
The hearing officer shall promptly file the decision with the city clerk, who shall thereupon transmit copies to the parties.
(County code § 6-1.1006(c))
Any action seeking a judicial review of a decision of the hearing officer shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure of the state and shall be instituted within ninety days after the date the decision is filed with the city clerk.
(County code § 6-1.1006(d))
Except as otherwise provided in this section, in the event the hearing officer orders the destruction of an animal determined to be vicious, the chief of the animal control division shall continue to impound the animal and shall destroy the animal on the seventh day following the date of personal service upon the owner or deposit with the United States Postal Service of notice of the hearing officer's decision. In the event the chief of the animal control division is personally served with a summons or other legal process in connection with a lawsuit which seeks a review of the hearing officer's decision, the animal shall not be destroyed and shall continue to be impounded while the lawsuit is pending.
(County code § 6-1.1007)
Notwithstanding any of the provisions of this code or a decision and order of the hearing officer to the contrary, the chief of the animal control division shall not release an animal which has been determined to be vicious pursuant to this chapter back to the owner until the owner has paid all fees and charges for impoundment.
(County code § 6-1.1008)
A. 
No person shall resist, delay, obstruct or impede any person in the enforcement of this chapter.
B. 
No person shall keep, harbor or maintain an animal determined to be vicious pursuant to Sections 6.36.040, 6.36.050 and 6.36.110 through 6.36.130 of this chapter, except as specifically authorized by law or by lawful order issued pursuant to this chapter.
(County code § 6-1.1010)