Public Menace. Within the City there are vicious dogs, the presence
of which has become a serious and widespread threat to the safety
and welfare of the residents or domestic animals of the City that
should be abated. The provisions of this Article set forth the procedures
by which a dog is determined to be a vicious dog, thereby becoming
subject to appropriate controls and other actions. The provisions
of this article shall not apply to any dog assisting a peace officer
engaged in law enforcement duties.
(Ord. 1622(16) § 11)
A.
An owner or custodian of a dog who permits, allows or causes the dog to run, stray or be uncontrolled or at large upon a public street, sidewalk, park or other public property, or in or upon private property of another person without the consent of the property owner or person in lawful occupation or possession, is guilty of a public offense punishable as an infraction under section 6.08.260.
B.
If the
dog or other animal bites, attacks or causes injury to any human being
or other domestic animal while stray or uncontrolled or at large upon
a public street, sidewalk, park or other public property, or in or
upon private property of another person or person in lawful occupation
or possession, then the owner or custodian is guilty of a public offense
punishable as a misdemeanor.
C.
When
a violation of this section is punishable as a misdemeanor, the misdemeanor
is punishable by a fine not exceeding $1,000.00, or by imprisonment
in the County Jail for a period not exceeding six months, or by both
such fine and imprisonment.
(Ord. 1622(16) § 11)
A.
If upon investigation it is determined by the Animal Control Officer or law enforcement officer probable cause exists a dog poses an immediate threat to public safety, then the Animal Control Officer or law enforcement officer may seize and impound the dog pending the hearing to be held pursuant to Section 6.08.200. The hearing will be held within 10 business days after the date the dog is seized or impounded or within 10 days after notification to the owner or custodian, whichever is shorter. The owner or custodian of the dog shall be liable for the costs and expenses of keeping the dog impounded if the dog is later determined restricted or vicious. Such costs and expenses shall be paid prior to release of the dog. If the dog is not determined to be restricted or vicious, then the owner or custodian is not liable for the costs and expenses of keeping the impounded dog.
B.
Surrender
of Dog. Any owner of a dog subject to the provisions of this section
shall immediately surrender custody and control of such dog at the
request of the Animal Control Officer or law enforcement officer.
A violation of the provisions of this subsection is a misdemeanor
punishable by a fine not exceeding $1,000.00, or by imprisonment in
the County Jail for a period not exceeding six months, or by both
such fine and imprisonment.
(Ord. 1622(16) § 11)
A.
Hearing.
If an Animal Control Officer or a law enforcement officer has investigated
and determined there is probable cause a dog is potentially vicious
or restricted, then the Director shall set an administrative hearing,
to determine whether or not the dog in question should be declared
restricted or vicious.
B.
Notice
of Hearing and Petition.
1.
Subsequent
to the investigation showing probable cause a dog is potentially vicious
or restricted, the Animal Control Supervisor, Animal Control Officer
or law enforcement officer shall prepare a petition, which is a document
that lays out the allegation the dog is potentially vicious or restricted
with supporting evidence.
2.
Whenever
possible, a complaint received from a member of the public which serves
as the evidentiary basis for the Animal Control Officer or law enforcement
officer to find probable cause, shall be sworn to and verified by
the complainant and shall be attached to the petition.
3.
The
Director shall notify the owner or custodian of the dog an administrative
hearing will be held, at which time he or she may present evidence
as to why the dog should not be declared restricted or vicious.
4.
The
owner or custodian shall be served the notice of the hearing, the
time, date and location of the hearing, a copy of this article, and
a copy of the petition, either personally, and/or by first class mail
and certified mail return receipt requested. The hearing shall be
held within no less than five working days nor more than 10 working
days after the service of the notice upon the owner or custodian of
the dog, unless a longer time is agreed to by the owner or custodian.
For the purposes of this article, service is complete either: (i)
when the documents are personally served; or (ii) five days after
the documents are deposited in the mail or when the return receipt
is received back from the recipient, whichever is earlier.
C.
Conduct
of Hearing. The hearing shall be conducted as an administrative hearing
open to the public. The Hearing Officer may 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. The Hearing Officer may find, upon
a preponderance of the evidence, the dog is restricted or vicious
and shall make other orders or findings required or authorized by
this article. The Hearing Officer may decide all issues for or against
the owner or custodian of the dog, even if the owner or custodian
fails to appear at the hearing. The hearing need not be conducted
according to technical rules relating to evidence and witnesses. Any
relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admissions of such
evidence over objection in civil actions. The rules of privilege shall
be effective to the same extent that they are now or hereafter may
be recognized in civil actions, and irrelevant or unduly repetitious
evidence shall be excluded.
D.
Administration
of Oaths. The Hearing Officer shall have the power to administer oaths
or affirmations when necessary in conjunction with the hearing.
E.
Record.
The Hearing Officer shall record the hearing on a recording device
and shall make such recording available to the parties upon request.
A copy of the recording or a transcript prepared therefrom shall be
provided to any party who requests it and pays the cost of making
such copy or preparing such transcript.
(Ord. 1622(16) § 11)
Following an administrative hearing conducted pursuant to Section 6.08.200, within 14 calendar days after the date of the hearing, a written notice of the decision shall be served on the owner or custodian of the dog either personally or by first class mail and certified mail return receipt requested.
(Ord. 1622(16) § 11)
A.
A dog determined to be a vicious dog shall be humanly euthanized by Animal Control Services when it is found at the hearing conducted pursuant to section 6.08.200 the release of the dog would create a significant threat to the public health, safety and welfare. If the dog determined to be vicious is not in Animal Control Services' possession, then the owner or custodian shall surrender the dog to Animal Control Services.
B.
If it
is determined a dog found to be vicious shall not be destroyed, then
the Hearing Officer shall impose conditions necessary to protect the
public health, safety, and welfare. Those conditions are limited to
release to an approved animal rescue sanctuary for the remainder of
the animal's life and no possibility of adoption. The owner
or custodian is responsible for all fees, charges and associated costs
related to that release. The owner or custodian will provide proof
within 14 calendar days after the fully executed contract with an
approved animal sanctuary. If the owner or custodian fails to pay
all fees and/or fails to provide proof of a contract with an approved
animal sanctuary within 14 calendar days of the owner's or custodian's
receipt of the notice of the decision, then the dog will be deemed
abandoned and may be transferred or humanly euthanized by Animal Control
Services at its discretion.
C.
The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing or having custody of any dog for a period of up to three years, if it is found at the hearing conducted pursuant to section 6.08.200 ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare.
(Ord. 1622(16) § 11)
A dog determined to be a restricted dog may be released to the
owner or other custodian with restrictions that must be met prior
to release of the dog to the owner or other custodian if the dog was
impounded, including the following:
A.
The
dog shall be properly licensed, microchipped, spayed or neutered,
and vaccinated at the owner's or custodian's expense,
prior to release to the owner or custodian if the dog was impounded.
B.
If the
dog was not impounded, then the dog owner or custodian shall provide
proof the dog is licensed, microchipped, spayed or neutered, and vaccinated
within 14 calendar days after the decision or court order declaring
the dog to be a restricted dog is served on the dog owner or custodian.
Animal Control Services may include the restricted dog designation
in the license registration records of the dog.
C.
The
Hearing Officer may impose other restrictions, as appropriate, which
may include:
1.
Fence
or enclosure requirements;
2.
Yard
inspections;
3.
Muzzling
when in public;
4.
Notification
to Animal Control Services of incidents involving the restricted dog;
5.
Training;
6.
Maintenance
of general liability insurance; and
7.
Other
reasonable restrictions as are determined by the Hearing Officer to
be necessary to protect the public health, safety and welfare.
D.
All charges for services performed by Animal Control Services pursuant to Sections 6.08.190 through 6.08.230, and all fines, shall be paid prior to the release of the dog to its owner or custodian within 14 calendar days after the services are performed or the charges and fines are ordered to be paid. If the charges and fines are not paid within 14 days after the services are performed or the fines are ordered to be paid, then the dog shall be deemed to be abandoned and may be transferred, adopted or humanly euthanized by Animal Control Services at its discretion.
(Ord. 1622(16) § 11)
A.
The
Hearing Officer may schedule follow-up hearing dates to ensure compliance
with all conditions imposed.
B.
Consequences that may result from the failure of an owner or custodian of a dog released after a hearing pursuant to this article to comply with any of the conditions imposed under Section 6.08.220 or 6.08.230 include, but are not limited to the following:
1.
The
failure to comply with any condition shall be a violation of this
article that is punishable as a misdemeanor punishable by a fine not
exceeding $1,000.00 or by imprisonment in the County Jail for a period
not exceeding six months, or by both such fine and imprisonment;
2.
A
violation of any part of an administrative decision or court order
may be the subject of a civil action for injunctive relief to enjoin
the person who violated the decision or order. The filing and prosecution
of an action for injunctive relief shall not limit the authority or
ability of the City to take any other action permitted by law;
3.
A violation of an administrative decision or court order following a determination that a dog is a restricted dog, may result in the filing of an action to determine if the dog is vicious under Subsection 6.08.200(C).
(Ord. 1622(16) § 11)
A.
No dog
may be declared restricted 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 willful trespass or other tort upon premises occupied
by the owner or custodian of the dog, or was teasing, tormenting,
abusing, or assaulting the dog, or was committing or attempting to
commit a crime. No dog may be declared restricted or vicious if the
dog was protecting or defending a person within the immediate vicinity
of the dog from an unjustified attack or assault. No dog may be declared
restricted or vicious if an injury or damage was sustained by a domestic
animal or livestock, which at the time of the injury or damage was
sustained, was teasing, tormenting, abusing or assaulting the dog.
B.
No dog
may be declared restricted or vicious if the injury or damage to a
person or domestic animal was sustained while the dog was a law enforcement
dog performing law enforcement duties.
C.
This
article does not apply to humane society shelters, municipal animal
control facilities, or to veterinarians or veterinary clinics.
(Ord. 1622(16) § 11)
Unless otherwise designated as a misdemeanor, any violation
of this article shall constitute an infraction punishable by:
A.
A fine
not exceeding $100.00 for a first violation;
B.
A fine
not exceeding $200.00 for a second violation of this Article within
a consecutive 12-month period;
C.
A fine
not exceeding $500.00 for each additional violation of this article
within a consecutive 12-month period.
(Ord. 1622(16) § 11)
