For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out unless it shall be apparent from the context that a different meaning is indicated:
"Animal"
means any wild or domestic animal, poultry, bird, reptile or fish or any other dumb creature.
"At large"
means any animal off the premises of its owner and not under the direct control of the owner or some responsible person authorized by such owner.
"Cat"
means any cat of either sex or any age.
"Dog"
includes female as well as male dogs.
"Dog license"
refers to the license required to be issued annually for each individual dog.
"Horse"
includes mule, burro, pony, jack, hinny or jenny.
"Kennel"
means any person, firm or corporation engaged in the commercial business of breeding, buying, selling or boarding dogs and cats.
"Owner"
means any person, firm or corporation owning, having an interest in, or having control or custody or possession of any animal.
"Quarantine"
means the taking up and impounding of an animal in the county animal shelter by the animal control officer for a period of 10 days or, in the discretion of the animal control officer or the Health Officer, the confinement of an animal by keeping it in a substantial pen or by tying it with a stout chain on the property of the owner of said animal so that the animal does not come into contact with any other animal or any human being for a period of 10 days.
"Unlicensed dog"
means any dog for which the license for the current year has not been paid and to which the dog license tag provided for in this article is not properly attached.
(O2124)
The County Health Officer shall, with the approval of the board of supervisors, establish and maintain a county pound and provide the Animal Control Officer with such supplies, equipment, transportation and other facilities and appurtenances as may be reasonably necessary or required to properly carry out the execution and enforcement of this chapter. The pound so established shall comply with all necessary practices and applicable statutes relating to sanitation and humane treatment and care of animals and shall be so located as not to create a nuisance to the public and the existing land uses of neighboring properties.
(O2124)
The owner or person entitled to possession of any animal impounded under the provisions of this chapter may, at any time daily between 8:00 a.m. and 5:00 p.m., other than legal holidays, before sale or disposal as herein provided, redeem such animal by paying to the animal control officer such fees and costs as prescribed by this chapter accruing up to the time of redemption.
(O2124)
Any animal impounded hereunder may be reclaimed upon payment to the Animal Control Officer of fees as set by the board of supervisors.
(O2124)
A. 
Whenever it appears that any animal in the city has bitten any person, it shall be the duty of the owner, or any other person having knowledge of such fact, to report the same to the Animal Control Officer, the County Health Officer or a law enforcement officer of the city.
B. 
Whenever it appears to the owner, or any other person, that an animal in the city shows symptoms or signs of rabies or acts in such manner that would lead a reasonable person to suspect that such animal might have rabies, it shall be the duty of such owner or other person to immediately notify the Animal Control Officer and it shall be the duty of the owner to immediately confine such animal.
C. 
Whenever there is reasonable cause to believe that any animal is diseased or has bitten any person or livestock, the Animal Control Officer is authorized to take custody of such animal and keep it confined or quarantined for such period of time as is required in order to observe, examine and determine whether or not, it is diseased or vicious or constitutes a menace to the public health or safety.
D. 
It shall be the duty of the County Health Officer to observe and examine any animal quarantined and determine whether the same is rabid and if said county Health Officer so determines, he or she shall direct the Animal Control Officer to destroy it forthwith.
E. 
Whenever any animal is bitten by an animal having or suspected of having rabies, the owner or person having custody or possession of the animal so bitten shall immediately notify the County Health Officer or the Animal Control Officer and shall restrain or confine such animal. The County Health Officer or the Animal Control Officer is authorized to quarantine any animal so bitten, or suspected of having been so bitten, for such period of time necessary to determine whether or not the said animal has rabies.
F. 
Whenever any animal is quarantined, it is unlawful for the owner, or any other person, to violate the quarantine by removing said dog from the premises, allowing it to run at large, destroying it without authorization, concealing it from the County Health Officer or the Animal Control Officer or disobeying the other quarantine restrictions that may have been imposed by the County Health Officer or Animal Control Officer.
(O2124)
It is unlawful for any person to turn loose, or cause or permit to be turned loose, for the purpose of allowing the same to run at large, or lead, drive or otherwise bring into the city to be turned loose or to roam at large in said city, any livestock, including, but not limited to, any horse, ass, mule, hog, pig, goat, sheep, ox, bull, cow or calf.
(Rev. Code 1954 § 8375)
It is unlawful for any person to raise, keep, or have in his possession any live roosters, geese, peacocks, or guinea hens over the age of baby chicks or goslings; provided, however, that the foregoing provision shall not apply to those persons engaged exclusively in the commercial killing and dressing of roosters for market as distinguished from keeping and raising the same, or to any of the above fowl in transit, or on sale in licensed stores.
(O2485)
It is unlawful for any person to own or have control of any chickens, ducks, geese, turkeys or other domestic fowl, which he or she permits to run or go upon the premises of any other person without the consent of such person.
(Rev. Code 1954 § 8351)
All fees or charges collected from owners or others having possession of dogs and all other fees or charges collected under the provisions of this chapter shall be deposited in the County Treasury within seven days of the date of collection.
(O2124)
Every owner of any dog in the city, which dog is over the age of four months, shall obtain annually a license for said dog from the Animal Control Officer. Such license fees shall be payable for each calendar year and shall be for such amounts as shall be from time to time prescribed by the Board of Supervisors of the county. A license shall be valid only for the dog for which it is procured. In the event of transfer of ownership of any dog, the existing license may be transferred to the name of the new owner, upon application by the new owner to the Animal Control Officer. This section shall not apply to:
A. 
Any dog brought into the city and kept therein by a person who is a nonresident and is traveling through the city or temporarily sojourning therein for a period not to exceed 30 days.
B. 
Any dog brought into the city and kept for a period not to exceed 30 days for the exclusive purpose of entering said dog in any show, exhibition, field trials or other competition.
C. 
Any dog found in the city whose owner resides in any incorporated city in the county and such dog is wearing a dog license tag for the current year issued by such incorporated city.
D. 
Any dog brought or sent into the city for the exclusive purpose of receiving veterinary care in any veterinary hospital, provided that such dog is kept at all times within such hospital.
(O2506)
No dog license shall be issued to any person for any dog in the city until such person presents to the Animal Control Officer a certificate of a licensed veterinarian upon such blanks as are approved by the County Health Officer showing that such dog has been vaccinated against rabies with a vaccine of a type approved by the Health Officer. Every owner of any dog in the city over the age of four months shall have such dog vaccinated against rabies at least once every two years.
(O2124)
Any dog license fee required herein shall become delinquent 30 days from the day it becomes due and payable. The Animal Control Officer shall thereafter charge such additional fee as and for a penalty as shall be prescribed from time to time by the Board of Supervisors of Napa County.
(O2506)
The County Health Officer is authorized to have prepared at the cost of the county suitable application blanks for dog license tags for issuance to applicants. The application form for such license shall bear the name and address of the owner and of the person having the custody or control of said dog, the place where the dog will be kept and maintained, the name of the dog, the age, sex, color, breed and approximate weight thereof, and such other information as may be deemed necessary by the County Health Officer to identify properly such dog for whom a license is applied, which application shall be signed by the owner or other person having custody or control of said dog. The dog license tag shall be metallic, shall have a stamp or imprint thereon bearing the name of the county and the year of its issuance, shall be numbered serially and shall be permanently attached to a collar or harness to be worn by the dog for which the license was issued. Upon the issuance of each dog license tag, there shall be endorsed on the application the number of the tag issued and all of such applications shall be filed and maintained in the office of the County Health Officer.
(O2124)
It is unlawful for any person to own, harbor or keep any dog in the city over the age of four months unless the dog has attached to its neck a substantial collar on which a metal dog license tag, as provided for in this chapter, is attached, save and excepting when said dog is located on the premises of its owner.
(O2124)
In the event a dog license tag is lost from any dog for which it has been issued, the owner shall procure a new dog license tag within 10 days, the fee for which shall be set by animal control and shall state the date and place of such loss in the application for said replacement tag.
(O4112)
It is unlawful for any person to own, harbor or keep or to have possession, charge, care, custody or control of any dog in the city over the age of four months unless such dog is licensed as provided herein.
(O2124)
A. 
Any person owning or possessing a dog must keep the dog on a leash not exceeding six feet in length. The leash must be of sufficient strength to hold the dog, and the leash must be held by a person physically able to control the dog.
B. 
Exceptions. A dog may be unleashed under any of the following circumstances:
1. 
When the dog is on enclosed property with the consent of the owner, lessee, or other person with legal control of the property; or
2. 
When the dog is assisting a peace officer who is engaged in law enforcement duties; or
3. 
When the dog is a service animal, guide dog or Seeing-Eye dog used by a visually or mobility-impaired individual; or
4. 
When the dog is assisting a duly authorized person in an official search and rescue operation; or
5. 
When the dog is participating in law enforcement training as authorized by the Chief of Police; or
6. 
When the dog is in a designated off-leash area as designated by the City Council pursuant to resolution authorized by Section 12.36.190(A); or when the dog and the dog owner are in compliance with a park use permit issued by the Community Resources Director for training, exhibition, or competition, and the permit is displayed, on request of any city employee, establishing the dog's compliance with the permit.
(O2009 2)
A. 
Except as otherwise provided in subsection B hereof, it is unlawful for any person, other than the Animal Control Officer acting pursuant to this code, to kill, injure or impound any dog, the owner of which has complied with the provisions of this chapter.
B. 
Any person may kill or impound any dog in any area of the city in any of the following cases:
1. 
The dog is found in the act of killing, wounding or persistently pursuing livestock or poultry on land or premises not owned or possessed by the owner of the dog;
2. 
The person has conclusive proof that the dog has been recently engaged in killing or wounding livestock or poultry on land or premises not owned or possessed by the owner of the dog and the dog is not at that time under the reasonable control of its owner or keeper.
(O2461)
A. 
The Animal Control Officer shall observe the following rules in disposing of impounded dogs and cats:
1. 
Subject to the provisions of subdivision (3) of this subsection, in the case of impoundment of a dog or cat whose owner can, in the judgment of the Animal Control Officer, reasonably be expected to be positively identified, the animal shall continue to be impounded for a period of six days while the Animal Control Officer shall take all reasonable steps necessary to notify the owner of the impoundment. Such steps shall not be required to include publication of notice in a newspaper. If the Animal Control Officer is successful in notifying the owner or a representative of the owner, the animal shall continue to be impounded for a period of not more than four days from the date of notification, during which period the animal may be redeemed in accordance with Section 6.04.030. If at the end of the four-day period the owner has not redeemed the animal, it shall be sold or otherwise disposed of or destroyed forthwith.
2. 
Subject to the provisions of subdivision (3) of this subsection, in the case of impoundment of a dog or cat whose owner cannot, in the judgment of the Animal Control Officer be reasonably expected to be positively identified, the animal, if a dog, shall continue to be impounded for a period of not more than four days; or, if a cat, for a period of not more than three days; during which period the animal may be redeemed in accordance with Section 6.04.030. If at the end of such period the animal has not been redeemed, it shall be sold or otherwise disposed of or destroyed forthwith.
3. 
Any impounded dog or cat which, in the opinion of the Animal Control Officer, is sick, injured, feral or under the age of one month, may be destroyed by the animal control officer without complying with the provisions of subsection A or B of this section.
B. 
The Animal Control Officer shall dispose of or destroy all other impounded animals in accordance with applicable provisions of the state Agricultural Code.
(O2461)
The owner of any dog or cat may request the Animal Control Officer to pick up and dispose of any such dog or cat, or the body thereof, and the fee for such service shall be set by the Animal Control Officer, except no fee shall be charged for dead or injured animals requested to be removed from public property or rights-of-way by the Police Department.
(O4112)
Notwithstanding any other provision contained in this chapter, the owner or the person actually in control of the operation of any ranch, not less than 40 acres in area, who uses a dog or dogs for the purpose of assisting in the control or herding of livestock shall not be required to keep a dog license tag attached to the said dog or dogs while upon the premises of the said ranch.
(O2124)
A. 
It is unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps (hereafter collectively referred to as "bark" or "barking") to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities, all as further described in subsection B of this section. Such dogs are hereby declared to be a public nuisance.
B. 
Whenever any person shall complain to the police department that a dog which habitually barks, howls or yelps is being kept by any person in the city, the Police Department shall notify the owner of said dog that a complaint has been received and the person should take whatever steps necessary to alleviate the howling, yelping or crying.
If the warning given to the person alleged to be keeping a dog as set forth in subsection A above is ineffective, then a verified complaint of at least two citizens not from the same family may be presented to the Police Department, alleging that a dog which habitually barks, howls or yelps is being kept by such person within the city. Alternatively, violation of this section may be established by personal observation and confirmation of the barking dog by a member of the Napa Police Department following the Department's receipt of at least two complaints from one or more citizens within any 30-day period. The Police Department shall inform the owner of such dog that said petition has been received, or that personal observation by a member of the Police Department following two citizen complaints has been made, and shall cite the owner of the dog for a violation of this section.
(O2001 25)
A. 
An owner or person having custody of any dog or any other animal shall not permit said dog or any other animal to defecate on any school ground, public street, alley, sidewalk, tree bank, park or any other public grounds or any private property within the city, other than the premises of the owner or person having custody of said dog or other animal, unless said defecation is removed immediately.
B. 
Any person walking or exercising an animal in or upon any public place or property or upon the property of another shall have in his or her possession an appropriate receptacle to retrieve any excrement should such animal defecate during such walk or exercise.
C. 
No defecation or manure shall be dumped or left on any street, alley, sidewalk, nor on any open area or lot in any portion of the city; provided, however, that this provision shall not be construed to prohibit the use of manure as fertilizer for lawns and gardens in keeping with ordinary and customary practices, in a manner that does not create a nuisance.
(O4111)
This city may contract with the county in order to establish a joint city and county pound and joint city and county Animal Control Officers.
(O2333)
A. 
Whenever a power is granted to or a duty is imposed upon the Animal Control Officer or other public officer by the terms of this chapter, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this chapter expressly provides otherwise.
B. 
No person shall interfere with, harass, hinder or molest the Animal Control Officer in the performance of his or her duties or seek to release any animal in his or her custody.
(O2124)
The primary duties of the Animal Control Officer shall be to enforce the provisions of this chapter. He or she shall function under the direction and supervision of the County Health Officer. The Animal Control Officer shall perform such duties relating to animals as the County Health Officer may reasonably prescribe and determine are necessary including the duty to take up and impound any stray animals running at large. He or she shall be appointed by the County Health Officer with the approval of the Board of Supervisors and shall hold office at the pleasure of the Board of Supervisors and he or she and his or her assistants are hereby vested with the power and authority of a peace officer. The Animal Control Officer shall receive such salary, mileage and expenses as the Board of Supervisors may, from time to time, fix and allow.
(O2333)
A. 
The Animal Control Officer is authorized to demand the exhibition to him or her of any dog owned or under the control or in the custody of any person residing within this city and to require the exhibition to him or her of the license for such dog or any other reasonable information that may be required, and it shall be the duty of such person to exhibit said dog and such license to said County Health Officer or said Animal Control Officer or other authorized employee of the County Health Department upon demand.
B. 
Pursuant to Section 12031 of the State Penal Code the Animal Control Officer and such assistants as he or she may specifically designate in writing, are authorized to carry firearms when acting within the course and scope of their employment.
C. 
If the Animal Control Officer shall, in discharging any firearm or tranquilizer gun in the exercise of his or her duties under this chapter, injure or destroy any animal, neither he or she nor the city shall be liable as a result thereof.
(O2461)
Before entering upon his or her duties, the Animal Control Officer shall execute a bond in favor of the county, the condition of which shall be established by the Board of Supervisors.
(O2124)
The Animal Control Officer shall make and return a verified quarterly report to the City Manager showing all animals within the city limits licensed and those impounded by him or her during the preceding quarter and the number and kind redeemed, sold or destroyed.
(O2124)
A. 
The maintenance of animals which are potentially dangerous or vicious and involve a threat to property and the health and safety of those on streets, sidewalks and private property where the animals are not maintained constitutes a serious hazard within the city. The increasing tendency to maintain animals, especially dogs, which by virtue of breeding or training have a propensity to attack others, compounds the hazard. Specific injuries to persons and animals resulting from attacks by such animals illustrates the need for regulation.
B. 
Every owner of an animal is held accountable for the exercise of such control over the animal as necessary to insure that the animal does not destroy the property of other persons or injure human beings or other animals who are not on the premises where the animal is maintained. Such accountability is imposed whether or not the damage or injury results from the negligence or other fault of the owner, and regardless of the degree of precaution or control exercised by the owner.
C. 
Further, within the city there are potentially dangerous and vicious animals which constitute a public nuisance which should be abated. The provisions of this chapter provide an expedited, alternative administrative procedure by which animals found to be potentially dangerous or vicious may be abated and their owners or keepers appropriately penalized and otherwise held responsible for injury or damage caused by their animals. This chapter is intended to supplement rather than supplant any other remedy available either under state law or city ordinance.
D. 
This chapter does not apply to commercial kennels, veterinarians, or to dogs utilized by the Sheriff, Police Department, or any law enforcement officer in the performance of police work.
(O2008 1)
"Certification"
means the Animal Control Officer's written certification, following investigation, that an animal is potentially dangerous or vicious.
"City Clerk"
means the City Clerk for the City of Napa or anyone designated by the City Clerk to carry out the duties of the City Clerk as set forth in this chapter.
"Decision"
means the Animal Control Officer's written decision, rendered together with the certification, regarding whether the animal may be safely released and, if so, sets the terms and requirements for release to the owner or keeper.
"Directive"
means the Animal Control Officer's written directive that an animal certified to be potentially dangerous or vicious be humanely destroyed.
"Final decision"
means any decision of the Officer which becomes final pursuant to the terms of this chapter.
"Final order"
means an order of the Dangerous Animal Hearing Panel which becomes final pursuant to the terms of this chapter.
"Keeper"
means any person who keeps regular care of and resides with an animal, whether or not he or she actually owns the animal.
"Officer"
means the Chief Animal Control Officer for the City of Napa or, in the absence of the Chief Animal Control Officer, a duly deputized Animal Control Officer.
"Owner"
means any person who owns or shares ownership of an animal (whether or not documented or registered).
"Potentially dangerous animal"
means any animal which, when unprovoked, engages in aggressive conduct prompting or resulting in defensive action by any person to avoid bodily injury.
"Unprovoked"
means conduct which is not:
1. 
In response to physical attack, taunting, or harassment upon the animal, its owner and/or keeper or other temporary attendant; or
2. 
In response to unlawful trespass onto private property, whether or not the private property owner actually owns the animal.
"Vicious animal"
means:
1. 
Any animal seized under Section 599a of the California Penal Code and upon the sustaining of a conviction of the owner under subdivision (a) of Section 597.5 of the California Penal Code; or
2. 
Any animal which, when unprovoked, inflicts or causes injury to or kills a human being or domestic animal.
(O2008 1)
If the Officer determines that there is reason to undertake an investigation as to whether an animal is a potentially dangerous or vicious animal, the Officer may take such interim actions, including requiring a bond, as he or she deems appropriate, such that the animal shall be confined on an interim basis at an appropriate animal shelter or other location deemed suitable by the Officer. As soon as reasonably practicable, the Officer shall undertake to notify the owner and/or keeper of the animal of the interim confinement of the animal pending the Officer's determination set forth in Section 6.05.040. All costs of such confinement shall be borne solely by the animal's owner and/or keeper.
(O2008 1)
A. 
Investigation. The officer shall determine whether an animal is potentially dangerous or vicious as defined in Section 6.05.020. In so determining, the Officer shall solicit, obtain and consider written and/or verbal statements, photographs and documents from all reasonably available witnesses to the relevant conduct and to the relevant history of the animal and the owner and/or keeper. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the Officer to find probable cause shall be sworn to and verified by the complainant. The Officer shall promptly inform the owner and/or keeper of the nature of the investigation and invite the owner and/or keeper to provide statements, photographs or other documents relevant to the investigation.
B. 
Considerations. In determining whether the animal is potentially dangerous or vicious, and what disposition is appropriate to protect the public, the Officer shall consider, among other things:
1. 
Any previous history of the animal attacking, biting or causing injury to a human being or other animal;
2. 
The nature and extent of injuries inflicted, damages sustained, and the number of victims involved;
3. 
The place where the aggressive conduct, attack, or injury occurred;
4. 
The presence or absence of any provocation for the aggressive conduct, attack, or injury;
5. 
The extent to which property has been damaged or destroyed;
6. 
Whether the animal exhibits any characteristics of having been trained for fighting, attack or aggression or other evidence to show such training or history of fighting;
7. 
Whether the animal exhibits any characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals or livestock;
8. 
Whether the animal can be effectively trained or retrained to change its temperament, characteristics, or behavior;
9. 
The manner in which the animal had been maintained, controlled, and/or cared for by its owner and/or keeper;
10. 
Any other relevant evidence or factors regarding the ability of the owner and/or keeper to control, train, secure or maintain the animal in compliance with this chapter or otherwise protect the public safety in the future if the animal is returned to the owner and/or keeper.
C. 
Certification. If, following investigation, the Officer concludes that any animal is potentially dangerous or vicious, the officer shall so certify in writing to the owner and/or keeper within five working days following completion of the investigation. This certification shall include a statement of the basis for the determination that the animal is potentially dangerous or vicious.
D. 
Decision. Together with the certification and as part of the same document, the Officer shall issue a written decision to the owner and/or keeper of the animal regarding whether the animal may be safely released and the steps the owner and/or keeper are required to take to obtain the animal's release if the Officer determines release is appropriate, payment of costs of impoundment and enforcement, and imposition of penalty.
E. 
Requirements for Release. The Officer shall require that the following be accomplished as a precondition of the release of a potentially dangerous or vicious animal from the shelter and shall provide the information set forth below:
1. 
Registration of the animal with the Officer as a potentially dangerous or vicious animal, including identifying the animal's owner and/or keeper and identifying the animal's place of residence, which shall be changed only with the written approval of the Officer;
2. 
Registration of the animal for appropriate training with a professional trainer or agency, to be approved in writing by the Officer, with certification that such training has been completed and delivered to the Officer within an identified period following the animal's release from the shelter;
3. 
Payment by the owner and/or keeper to the injured party of any documented medical expenses or property damage caused by the animal;
4. 
Installation of graphic and written signs warning of the presence of a potentially dangerous or vicious animal on all doors to the animal's place of residence, and on all gates to any fencing on the premises, the form and placement of which shall be pre-approved in writing by the Officer;
5. 
Microchipping the animal;
6. 
Payment of a penalty as set forth in Section 6.05.100, together with costs of enforcement;
7. 
Notification that noncompliance with any term of the decision shall result in an additional penalty as set forth in Section 6.05.100;
8. 
The date, no earlier than 30 days following service of the certification and decision, by which the owner and/or keeper must satisfy all conditions for release, including payment of all fees, penalties, costs of impoundment and enforcement;
9. 
Notification that failure to meet all terms of the decision within the time allotted by the decision will result in a directive issued by the Officer ordering the humane destruction of the animal at the owner and/or keeper's expense;
10. 
Notification that failure to comply with the terms of the decision after release of the animal will result in a directive issued by the Officer for the confiscation and humane destruction of the animal at the owner and/or keeper's expense;
11. 
Notification that any certification, decision, or directive of the Officer for which no hearing is requested by the owner and/or keeper shall be final at the conclusion of the time periods specified in subsections A, B and C of Section 6.05.050.
F. 
Further Requirements for Release of a Vicious Animal. In addition to the requirements listed in subsection E, the Officer shall require that the following be accomplished as a precondition of the release of a vicious animal from the shelter and shall provide the information set forth below:
1. 
Expert behavior testing and written report by a professional agency approved in advance by the Officer and paid for by the owner and/or keeper;
2. 
Construction of appropriate interior and/or exterior enclosures built to the Officer's specifications, including special enclosures, security doors, locks, and other measures built on to existing structures;
3. 
Confinement of the animal within specified structures or enclosures, except under specified conditions (such as approved leash, collar and muzzle and physical control by specified persons);
4. 
Spaying/neutering the animal;
5. 
Obtaining and providing proof of liability insurance in an amount determined by the Officer to reasonably protect against injury or damage caused by the animal;
6. 
That the animal shall not reside at a location where minor children reside;
7. 
The conditions, if any, under which the owner may transfer ownership of the animal, or change the location where the animal resides;
8. 
Whether the owner and/or keeper shall be prohibited from owning or keeping other animals deemed capable of engaging in potentially dangerous or vicious conduct, as defined herein.
G. 
For good cause, the Officer may permit extensions of the date by which the owner and/or keeper must satisfy all conditions for release.
(O2008 1)
A. 
An owner and/or keeper may request a hearing regarding any certification issued by the Officer by filing a written request for hearing with the City Clerk within five working days of service of the certification.
B. 
An owner and/or keeper may request a hearing regarding any decision issued by the Officer by filing a written request for hearing with the City Clerk within five working days following the date by which the owner and/or keeper must satisfy all conditions for release.
C. 
An owner and/or keeper may request a hearing regarding any directive issued by the Officer by filing a written request for hearing with the City Clerk within five working days of service of the directive.
D. 
The Officer shall request a hearing if:
1. 
The Officer issues a decision that the animal cannot be safely released to the owner and/or keeper or issues a directive ordering the humane destruction of an animal, and
2. 
The Officer is unable to obtain the owner and/or keeper's voluntary consent to the humane destruction of the animal within five days of the Officer's written request for such voluntary consent.
E. 
The City Clerk shall schedule a hearing date to commence within 30 days of receipt of the request for hearing. The City Clerk shall give at least five days' notice of the hearing to the Officer and the owner and/or keeper.
F. 
The notice to the owner and/or keeper shall be substantially in the following form:
NOTICE OF HEARING REGARDING A POTENTIALLY DANGEROUS AND/OR VICIOUS ANIMAL
TO: (Name of Owner and/or Keeper)
NOTICE IS HEREBY GIVEN that on _____, the ______ day of , 20_____ at the hour of ______ o'clock ______.m., in ______ Napa, California, the below-identified matter(s), as determined and issued by City of Napa Animal Control will be considered by the Dangerous Animal Hearing Panel of the City of Napa, together with such other oral and documentary evidence bearing upon the question(s) so presented.
[ ] Certification by the City of Napa Animal Control Officer that your animal is potentially dangerous or vicious, and a public nuisance.
[ ] Decision by the City of Napa Animal Control Officer:
[ ] that your animal cannot be safely released to the owner and/or keeper.
[ ] as to the conditions for release.
[ ] Directive by City of Napa Animal Control Officer ordering that your animal be humanely destroyed.
You may appear and may present evidence at the hearing, and cross-examine witnesses. You may be represented by counsel. No later than noon one working day before the hearing, you must provide to the City Clerk sufficient copies of any photographs, written statements or other documentary evidence you plan to present at the hearing.
IF YOU FAIL TO APPEAR AT THE TIME, DATE AND PLACE APPOINTED FOR THE HEARING, THE HEARING SHALL BE CONDUCTED IN YOUR ABSENCE.
For good cause, the hearing may be continued upon your request or upon request of the City of Napa Animal Control Officer.
The action of the City of Napa Animal Control Officer which is being challenged shall either be upheld by the hearing panel, or the hearing panel shall make its own determination and issue its own order.
The determination and order of the hearing panel shall be made within 30 days after the conclusion of the hearing and shall be final unless you file an appeal of the hearing panel's findings and order with the Napa County Superior Court in accordance with California Food and Agriculture Section 31622(a) within five days of the date the hearing panel's determination and order in writing is served upon you.
Dated: _______
G. 
The City Clerk shall give at least five days notice of the hearing to any other person involved in the incident(s) at issue and to any person who has requested notice of same.
(O2008 1)
A. 
Any person planning to present any photographs, written statements, or other documentary evidence as evidence at the hearing shall provide sufficient copies of those items to the City Clerk no later than noon one working day before the time set for hearing.
B. 
The hearing provided for by this chapter shall be conducted as specified in Section 6.05.070. The Officer shall have the burden of proof by a preponderance of the evidence. The owner and/or keeper may appear, present evidence, examine and cross-examine witnesses, and be represented by counsel. In the event the owner and/or keeper fails to appear at the time, date and place appointed for the hearing, the hearing shall be conducted in the absence of the owner, and the hearing panel shall render a determination and order based upon evidence presented during the hearing. For good cause, the hearing may be continued upon request of either the Officer or the owner. Strict rules of evidence shall not apply; any relevant evidence shall be admissible.
(O2008 1)
The hearing prescribed by Sections 6.05.050 and 6.05.060 shall be conducted by a Dangerous Animal Hearing Panel, comprised of three individuals designated by the City Manager of the City of Napa. The individuals shall not be subordinate to the city's Animal Control Officer and may be individuals retained pursuant to a contract to provide such services. The City Manager may, in his or her discretion, designate the County of Napa's Dangerous Animal Hearing Panel to conduct hearings under this chapter. At the City Manager's discretion, and upon written notice to the owner and/or keeper cited under this chapter, any appeal conducted under this chapter may be conducted in accordance with Napa Municipal Code Section 1.16.060.
(O2008 1)
If, based upon the hearing, the Hearing Panel finds that the dog is potentially dangerous or vicious, it shall be so specified in writing together with the reasons therefor. A copy of the Hearing Panel's determination and order shall be sent by registered mail or otherwise delivered to the owner and/or keeper. Any dog found to be potentially dangerous or vicious is deemed a public nuisance, and shall be, pursuant to the order of the hearing panel, humanely destroyed or removed from the city, or the nuisance otherwise abated by appropriate order, including, but not limited to, confinement, fencing, muzzling or leashing. The determination and order of the Hearing Panel shall be made within 30 days after the conclusion of the hearing and shall be final, unless an appeal is filed with the Napa County Superior Court in accordance with Food and Agriculture Code Section 31622(a) within five days of the date the decision in writing is served upon the owner and/or keeper.
(O2008 1)
Service of a certification and decision, or a directive, issued by the Officer, or of a notice of hearing issued by the City Clerk, or of a determination or order issued by the Hearing Panel, shall either be by personal service or by first class mail, but if by first class mail, any time(s) specified for action(s) required to be taken by owner and/or keeper shall be extended by five days. The failure of any owner and/or keeper to receive service required to be given under this chapter shall not invalidate the validity of any determination, action, or proceedings taken pursuant thereto.
(O2008 1)
A. 
If the Hearing Panel finds the animal is potentially dangerous or vicious, the city-incurred costs of impoundment, including any abatement, and penalty shall be paid by the owner and/or keeper. If the order includes the release of the animal to the owner and/or keeper, the animal shall not be released until such amounts have been paid in full.
B. 
If such amounts have not been paid within 30 days after the date of service of the order if personally served, or within 35 days if served by first-class mail, the Officer may dispose of the animal in any manner provided by law.
C. 
If the assessment and penalty imposed by the Officer or by the Hearing Panel are not paid, an action may be brought in the name of the city to recover the assessment and penalty in small claims or other appropriate court, in which case all the remedies provided by law may be pursued by the city, including, but not limited to, attachment of the personal property of the person owning or controlling the animal.
(O2008 1)
The amount of fines imposed by this chapter shall be as set forth by resolution of the City Council of the City of Napa.
(O2008 1)
The violation of any final decision of the Animal Control Officer issued pursuant to Section 6.05.040 or any final order issued pursuant to Section 6.05.080 shall constitute a misdemeanor punishable by imprisonment in the County Jail not exceeding six months, by fine not exceeding $1,000.00, or by both.
(O2008 1)