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
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TO: (Name of Owner and/or Keeper)
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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.
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[ ] Certification by the City of Napa Animal Control Officer
that your animal is potentially dangerous or vicious, and a public
nuisance.
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[ ] Decision by the City of Napa Animal Control Officer:
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[ ] that your animal cannot be safely released to the owner
and/or keeper.
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[ ] as to the conditions for release.
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[ ] Directive by City of Napa Animal Control Officer ordering
that your animal be humanely destroyed.
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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.
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IF YOU FAIL TO APPEAR AT THE TIME, DATE AND PLACE APPOINTED
FOR THE HEARING, THE HEARING SHALL BE CONDUCTED IN YOUR ABSENCE.
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For good cause, the hearing may be continued upon your request
or upon request of the City of Napa Animal Control Officer.
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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.
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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.
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Dated: _______
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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)