The purpose of this chapter is to regulate and control potentially dangerous and vicious dogs within the community of Westminster.
(Ord. 2135 § 1, 1990; Ord. 2553 § 1, 2018)
means any of the following:
Any dog which, when unprovoked, on two separate occasions within the prior thirty-six month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person or the dog are on or off the property of the owner or keeper of the dog.
Any dog which, when unprovoked, bites a person causing a less severe injury as defined in subsection C herein.
Any dog which, when unprovoked, on two separate occasions within the prior thirty-six months, has killed, seriously bitten, inflicted injury or otherwise caused injury to a domestic animal off the property of the owner or keeper of the dog.
means any of the following:
Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.
Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in subsection A of this section or has maintained in violation of California Food and Agricultural Code Sections 31641, 31642, or 31643, or any successor provisions.
means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
(Ord. 2362 § 24, 2003; Ord. 2553 § 1, 2018)
A.
This chapter does not apply to licensed kennels, humane society shelters, animal control facilities or veterinarians.
B.
This chapter does not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police work.
(Ord. 2135 § 1, 1990; Ord. 2553 § 1, 2018)
A.
Hearing Officer. The Westminster police department or its animal control unit will designate a hearing officer to conduct a hearing, to determine whether a dog is potentially dangerous or vicious. The purpose of the hearing officer is to review any petition filed by the Westminster police department or its animal control unit that seeks to declare a dog potentially dangerous or vicious.
B.
Hearing Process. When the Westminster police department or its animal control unit petitions the hearing officer to determine that a dog is potentially dangerous or vicious:
1.
The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally, or by first class mail, with return receipt requested. By resolution, city council may require the payment of a fee to cover the administrative costs incurred by the hearing.
2.
A hearing shall be held within ten working days after the service of notice upon the owner or keeper of the dog but in no event, any sooner than five working days after such notice.
3.
Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.
4.
It shall be the responsibility of the Westminster police department or its animal control unit to notify the owner or keeper of the dog that a hearing will be held by the hearing officer and that at such hearing, the owner of the dog or keeper of the dog may present such evidence as to why the dog should not be declared potentially dangerous or vicious.
5.
The hearing shall be open to the public and the hearing officer may admit into evidence any relevant evidence, including incident reports and the affidavits of witnesses, the hearing officer may limit the scope of discovery and may determine and limit the time to produce records or witnesses. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and may make such other orders as may be reasonably necessary and as they may be recommended by the Westminster police department or its animal control unit.
6.
After such hearing, the owner or keeper of the dog shall be notified in writing of the determination and orders issued by the hearing officer with such notice either being presented personally or by first class mail, postage prepaid by the city of Westminster. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with all requirements of Sections 31641, 31642, 31643, 31644, 31645, and 31646 of the California Food and Agricultural Code Sections, Westminster Code Section 6.10.060 and such other additional orders as may be determined and issued by the Westminster police department or its animal control unit. The Westminster police department or its animal control unit shall provide the dog owner or its keeper with a time schedule for compliance with the orders of the Westminster police department or its animal control unit regarding the potentially dangerous or vicious dog.
C.
Appeal of Hearing Officer's Decision. After a hearing before a hearing officer and a determination by the hearing officer that the dog is potentially dangerous or vicious, the dog owner or keeper has the right to appeal, that decision to the municipal court of the local jurisdiction. Such appeal shall be made within five days of the receipt of the notice of determination and such appeal shall be made to the local municipal court. The fee for filing such an appeal shall be established by the local county clerk. It shall be the responsibility of the owner, keeper of the dog, or the petitioner filing the appeal to personally serve such notice of appeal to the municipal court and to the city of Westminster police department. Any such appeal shall be conducted pursuant to Section 31622 of the California Food and Agricultural Code.
D.
Personal Appearance of Dog Owner or Keeper of the Dog. The hearing officer may decide all issues for or against the owner or keeper of the dog at a properly noticed hearing even if the owner or keeper of the dog fails to appear at the hearing and it shall be final and conclusive upon all parties unless an appeal is filed in a timely manner as provided hereinabove.
(Ord. 2135 § 1, 1990; Ord. 2553 § 1, 2018)
A.
If, upon investigation by the Westminster police department, it is determined by the Westminster police department or its animal control officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the dog pending the hearings, to be held pursuant to this chapter. The owner or keeper of the dog shall be liable to the city where the dog is impounded for the costs and expenses of keeping the dog if the dog is later adjudicated to be potentially dangerous or vicious. When a dog has been impounded pursuant to this section and it is not contrary to public safety, the Westminster police department or its animal control officer may permit the animal to be confined at the owner's expense in a department approved kennel or veterinary facility or such other private property as may be approved by the Westminster police department or its animal control officer.
B.
No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time of 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. 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. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which, at the time of the injury or damage, was teasing, tormenting, abusing or assaulting the dog. No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, predator control dog, on the property of or under the control of its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.
(Ord. 2135 § 1, 1990; Ord. 2553 § 1, 2018)
A.
All potentially dangerous or vicious dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous or vicious designation in the registration records of the dog either after the owner or keeper of the dog has agreed to the designation or the hearing officer has determined the designation applies to the dog. The city shall charge a potentially dangerous or vicious dog fee in addition to the regular licensing fee to provide for the increased cost of maintaining the records of the dog and such fees shall be as specified by resolution adopted by the city council.
B.
A potentially dangerous dog, 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 dog may be off the owner's premises only if it is restrained by a substantial leash of an appropriate length not to exceed six feet and it is under the control of a responsible adult. The Westminster police department or its animal control officer shall have the right to make reasonable inspections of the premises and the dog at reasonable intervals to determine substantial compliance with this section or any other portions of this chapter of the Westminster Municipal Code.
C.
If the dog in question is sold, transferred or permanently removed from the city of Westminster, the owner of the potentially dangerous dog shall notify the animal control unit of the changed conditions and new location of the dog in writing within ten working days, prior to removal to the new location. If the dog in question dies then the owner or keeper shall provide notice of the dog's death to the Westminster police department's animal control unit within forty-eight hours of the dog's death and make the dog available to be viewed by the Westminster police department's animal control unit prior to the disposal of the dog's remains.
D.
If there are no additional instances of the behavior described under Section 6.10.020(A) or as defined pursuant to California Food and Agricultural Code Section 31602 for a thirty-six-month period from the date of the designation of the dog as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, 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 the animal control officer or the Westminster police department that changes in circumstances or measures taken by the owner or keeper such as training of the dog have mitigated the risk to the public safety. A vicious dog may not be removed from the designation as a vicious dog without an order of the hearing officer.
E.
A dog determined to be a vicious dog may be destroyed by the Westminster police department or its animal control unit when it is found, after proceedings conducted, Section 6.10.040 of this chapter, that the release of the dog would create a significant threat to the public health, safety and welfare. If such animal is not destroyed then any enclosure that is required pursuant to this section shall meet the requirements of Section 31605 of the California Food and Agricultural Code. The owner of a dog determined to be a vicious dog may be prohibited by the city from owning, possessing, controlling or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted pursuant to Section 6.10.040 of this chapter, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare of the community and such order shall be issued by the Westminster police department or its animal control officer after such hearing. Noncompliance of this section by the dog's owner or keeper is subject to subsection G provisions. The Westminster police department or its animal control officer shall have the right to make reasonable inspections of the premises and the dog at reasonable intervals to determine substantial compliance with this section or any other portions of this chapter of the Westminster Municipal Code.
F.
The owner or keeper of a potentially dangerous or vicious dog shall at all times maintain and provide evidence to the Westminster police department, of homeowners or general liability insurance, which provides for insurance coverage for any damage, injury or harm that may be the result of the conduct or action of the potentially dangerous or vicious dog in the amount at least equal to two hundred thousand dollars. Proof of insurance shall be provided annually or upon demand by the Westminster police department or its animal control unit.
G.
If after a hearing has been held and after exhaustion of any appeal rights, the dog's owner or keeper fails to comply with the orders of the hearing officer and Westminster police department's orders, the Westminster police department or its animal control unit shall have the right to seize the dog and impound the dog until evidence is provided that such orders are complied with to the satisfaction of the Westminster police department or its animal control unit.
During the period the dog is impounded, all costs and impound fees associated with the impounding and care of the animal and all fines imposed under this chapter of the Westminster Municipal Code shall be the sole and exclusive responsibility of the owner or keeper of the dog and shall be paid prior to the release of the dog.
Failure of the dog's owner or keeper to comply with orders and pay fees within thirty days of the dog being impounded will be considered grounds for abandonment of the dog. The dog may be destroyed at the authorization or direction of the Westminster police department's animal control unit after a noticed hearing before the hearing officer, such hearing to be held upon a minimum of five days' notice to the dog's owner or keeper of such hearing and no later than thirty days.
Failure to surrender a dog, which is subject to this section, upon demand by the Westminster police department or its animal control unit shall be a misdemeanor.
(Ord. 2135 § 1, 1990; Ord. 2553 § 1, 2018)
Any person violating any provision of this chapter may be issued a correction warning or cited as an infraction or misdemeanor and punished in accordance with provisions of this code.
(Ord. 2362 § 25, 2003; Ord. 2553 § 1, 2018)
A.
If any provision of this chapter or the application thereof to any person or circumstances held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end, the provisions of this chapter are severable.
B.
No owner or keeper of any potentially dangerous or vicious dog, as defined in Section 6.10.020 of this chapter, shall permit such dog to be at large after he or she has been notified by the Westminster police department or its animal control officer that the dog is potentially dangerous or vicious or when he or she knows or by the exercise of reasonable care, should know that such dog is potentially dangerous or vicious.
C.
Whenever a dog suspected of being a potentially dangerous or vicious dog is reported, the animal control officer shall investigate the dog's alleged behavior and if he or she finds that such dog has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a potentially dangerous or vicious dog, he or she shall deliver in writing to the owner or keeper of such dog, a statement of the facts and circumstances concerning the dog's behavior. The owner or keeper of such dog shall immediately keep such dog in a substantial enclosure on the owner's property as approved by the Westminster police department or its animal control unit or shall securely keep such dog on a leash not to exceed a maximum of six feet on the owner's property and shall not remove such dog from the owner's property without the written consent of the animal control unit of the Westminster police department until such time as a formal hearing has been conducted as provided hereinabove and formal orders issued as a result of such hearing by a hearing officer and the Westminster police department or its animal control unit. If any of these means of restraint as set forth hereinabove is impossible or impractical, such dog shall be impounded in the city pound, as the case may be, until such time as the owner or keeper of the dog shall provide for the restraint of such dog pending such hearing.
D.
Whenever any dog is determined to be potentially dangerous or vicious and the Westminster police department or the animal control unit has so notified such owner or keeper of the dog, the owner or keeper of the dog shall post and keep posted, in conspicuous view upon the premises where such dog is kept under restraint, as provided in this chapter, a notice not less than two inches in height which shall contain the words "BEWARE OF DOG" along with the Westminster Municipal Code section setting forth the determination that the dog had been designated potentially dangerous or vicious by order of the city of Westminster and such sign shall remain in place until such time as a determination and order has been issued by the hearing officer as set forth hereinabove. Failure of any owner or keeper of the dog to comply with the provisions of this section shall render such dog owner or keeper liable to prosecution under this chapter.
(Prior code §§ 4616—4618; Ord. 1906 § 1, 1980; Ord. 2135 § 1, 1990; Ord. 2553 § 1, 2018)