A. 
No person shall have, keep or maintain any wild, exotic, dangerous or nondomestic animal without first applying to and receiving a license from animal services. The code compliance manager shall by regulation determine those animals to be covered by this section. The keeping or maintenance of such animals shall also conform to the city’s zoning regulations.
B. 
Animal services shall issue a license to any person for the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal upon receipt of the fee established by the city council and when, in the code compliance manager’s opinion, such animal may be kept or maintained without endangering its safety and comfort and the safety and comfort of any person or property; provided, however, that the code compliance manager may require any such animal to be properly caged or tethered and he or she may make such additional rules and regulations that may be necessary and proper under the circumstances. The code compliance manager may revoke any such license for the violation of any of the provisions of this chapter or of any of the rules and regulations adopted pursuant thereto, or when in his or her opinion the safety or comfort of such animal or any person or property is endangered by the keeping of any such animal. The provisions of Section 6.05.050 of this title shall govern appeals from the denial or revocation of a license under this section.
C. 
The owner or custodian of such animal shall give written notice to the code compliance manager prior to the transfer, trade or barter of such animal or its progeny.
(Ord. 1052 § 2, 2013)
California Food and Agriculture Code Sections 31601 through 31683 or their successor provisions shall be operative in the city for the control of potentially dangerous and vicious dogs in their entirety as supplemented below.
(Ord. 1052 § 2, 2013)
A. 
No dog may be declared potentially dangerous 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 keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.
B. 
No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
C. 
No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.
(Ord. 1052 § 2, 2013)
A. 
Whenever it is reported to animal services that an animal has attacked either a person engaged in a lawful activity or another animal, or caused a person of reasonable sensitivities to believe that he or she or a domestic animal in his or her custody and under proper restraint are in imminent danger of great bodily harm, the code compliance manager shall cause the incident to be investigated.
B. 
If an animal services officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, a petition hearing shall be brought in the Superior Court for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious.
(Ord. 1052 § 2, 2013)
A. 
If upon investigation it is determined by any animal services officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal services officer or law enforcement officer may seize and impound the dog pending the probable cause hearing to be held in the Superior Court. 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 adjudicated potentially dangerous or vicious. Such costs and expenses shall be paid prior to the release of the dog.
B. 
When a dog has been impounded and it is not contrary to public safety, the code compliance manager or designated representative shall permit the animal to be confined at the owner’s expense in a kennel or veterinary facility approved by animal services.
(Ord. 1052 § 2, 2013)
If the Superior Court finds the dog to be potentially dangerous or vicious, the dog shall be so designated on the records of animal services. Such a designation shall be considered in future determinations involving the subject dog and/or owner.
(Ord. 1052 § 2, 2013)
A. 
In accordance with the provisions of Food and Agricultural Code Section 31641, the owner of a potentially dangerous dog shall in addition to the regular licensing fee, pay to animal services an annual fee in an amount established by the city council to provide for the increased costs of maintaining the records of the dog.
B. 
The owner of a dog determined to be vicious shall, in addition to the regular licensing fee, pay to animal services an annual fee of an amount established by the city council to provide for the increased costs of maintaining the records of the dog.
(Ord. 1052 § 2, 2013)
A. 
All potentially dangerous dogs shall be properly licensed, microchipped, and vaccinated at the owner’s expense, prior to the release to the dog’s owner or custodian. The licensing authority shall include the potentially dangerous designation in the registration records of the dog after the Superior Court has determined the potentially dangerous dog designation applies to the dog. The yard or enclosure must be inspected and approved in writing by animal services prior to release of the dog to its owner or custodian.
B. 
All potentially dangerous dogs, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner’s premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of a responsible adult who is capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner’s premises.
C. 
If a potentially dangerous dog dies, or is sold, transferred, or permanently removed from the county where the owner or keeper resides, the owner of the potentially dangerous dog shall notify animal services of the changed condition and the new location of the dog in writing within two working days.
D. 
The owner or custodian of a potentially dangerous dog shall notify animal services within one working day if the dog is at large or has committed an attack on any person or animal.
E. 
A potentially dangerous dog may be required to complete an obedience course and provide proof of completion of such course to animal services within sixty days after the release of the dog to its owner or custodian. The course shall be paid for by the owner or custodian of the dog and shall be a course approved by animal services.
F. 
A potentially dangerous dog shall be spayed or neutered at the expense of the owner prior to the release of the dog to its owner or custodian.
G. 
A potentially dangerous dog may be required to wear a bright fluorescent yellow collar visible at fifty feet in normal daylight, which will be provided by animal services at the owner’s expense.
H. 
The owner or custodian of a potentially dangerous dog may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of three hundred thousand dollars per occurrence, and may be required to show proof of such insurance within thirty days after the Superior Court has made its determination.
I. 
All charges for services performed by animal services pursuant to this section and all fines shall be paid prior to the release of a potentially dangerous dog to its owner or custodian. If the charges are not paid within thirty days after the date the services are performed or the fines are ordered to be paid, the dog shall be deemed to be abandoned.
J. 
The owner of a potentially dangerous dog shall pay a fine not to exceed five hundred dollars for each separate basis upon which said determination was made. The fine shall be paid to animal services for the purpose of defraying the costs of the implementation of this chapter.
K. 
If there are no additional instances of the behavior described in Food and Agricultural Code Section 31602, within a thirty-six-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may be, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the thirty-six-month period if the owner or keeper of the dog demonstrates to animal services, that changes in circumstances or measures taken by the owner or keeper, such as the training of the dog, have mitigated the risk to the public safety.
L. 
The code compliance manager may impose other reasonable conditions for the keeping of potentially dangerous dogs as are deemed necessary to protect the public safety and welfare.
M. 
The failure of an owner or custodian of a potentially dangerous dog to comply with any of the conditions imposed by the court is a misdemeanor punishable by a fine not exceeding one thousand dollars or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(Ord. 1052 § 2, 2013)
A. 
A dog determined to be a vicious dog by the Court may be destroyed by animal services if the Court finds that the dog would create a significant threat to the public health, safety, and welfare.
B. 
If it is determined that a dog found to be vicious shall not be destroyed, the Court may impose any of the conditions enumerated in Section 6.40.080 upon the ownership or possession of the dog. Additionally, the Court shall impose any other conditions necessary to protect the public health, safety, and welfare.
C. 
A vicious dog shall be kept in an enclosure which is enclosed on all sides, and which is locked by a padlock. The enclosure may be required to have a top and a concrete floor. The enclosure must be approved in writing by animal services prior to the release of the dog to the owner or the custodian.
D. 
The owner or custodian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and all utility companies which provide services to the premises where the dog is kept. The owner or custodian shall provide a copy of such notice to animal services within thirty days after the Court’s determination that the dog is vicious.
E. 
The owner or custodian shall post one or more signs on the premises at a location or locations approved by animal services stating that a vicious dog resides on the premises.
F. 
The owner or custodian of a vicious dog may be prohibited from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.
G. 
The owner of a dog which has been determined to be a vicious dog pursuant to this chapter shall pay a fine not to exceed one thousand dollars for each separate basis upon which such determination was made. The fine shall be paid to animal services for the purpose of defraying the cost of the implementation of this chapter.
H. 
The failure of an owner or custodian of a vicious dog released after a hearing to comply with any of the conditions imposed by the Superior Court and/or animal services is a misdemeanor punishable by a fine not exceeding one thousand dollars or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(Ord. 1052 § 2, 2013)
All sanctions imposed on dogs determined potentially dangerous or vicious prior to the enactment of the ordinance codified in this title shall remain in effect, except that any violations subsequent to the enactment of the ordinance codified in this title shall be governed by this title. In determining subsequent violations the following provisions shall apply:
A. 
Any dog previously determined potentially dangerous prior to the enactment of this section, shall be considered potentially dangerous as defined under the provisions of this title and subject to all of its provisions governing the regulation and disposition of potentially dangerous dogs.
B. 
Any dog previously determined vicious or dangerous prior to the enactment of the ordinance codified in this title shall be considered vicious as defined under the provisions of this title and subject to all of its provisions governing the regulation and disposition of vicious dogs.
(Ord. 1052 § 2, 2013)