Article 2 Dog Control

Impoundment. If upon investigation it is determined by an Animal Control Officer or law enforcement officer that probable cause exists that a dog poses an immediate threat to public safety, then the Animal Control Officer or law enforcement officer may seize and impound the dog pending the hearing to be held pursuant to Section 5-3.203. 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 restricted or vicious. Such costs and expenses shall be paid prior to release of the dog. If the dog is not determined to be restricted or vicious, the owner or custodian is not liable for the costs and expenses of keeping the impounded dog.

Section 5-3.203 Notice and Hearing on Petition to Declare a Dog to be Restricted or Vicious.

Surrender of Dog. Any owner of a dog subject to the provisions of this Section shall immediately surrender custody and control of such dog at the request of the animal control officer or law enforcement officer. A violation of the provisions of this Subsection is a misdemeanor.

(c)

When a dog has been impounded pursuant to Subsection (a) and it is not contrary to public safety, the Animal Services Director may permit the dog to be confined at the owner's expense in an Animal Services-approved animal or veterinary facility or at the owner's residence if conditions of confinement can be met. Violation of an order to confine under the provisions of this Subsection is a misdemeanor.

(Ord. 2016-14, eff. 7/21/16; Ord. 2019-01 § 19, eff. 3/21/19)

Notice of Hearing and Petition. If an Animal Control Officer or a law enforcement officer has investigated and determined that there is probable cause that a dog is potentially vicious or restricted, the Animal Services Director shall set an administrative hearing, to determine whether or not the dog in question should be declared restricted or vicious.

Subsequent to the investigation showing probable cause that a dog is potentially vicious or restricted, the Animal Control Supervisor, Animal Control Officer or law enforcement officer shall prepare a petition that sets forth the allegation that the dog is potentially vicious or restricted and the supporting evidence.

Whenever possible, a complaint received from a member of the public which serves as the evidentiary basis for the Animal Control Officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.

A notice of the hearing shall be personally served on the owner or custodian or deposited in the mail to the owner or custodian within 15 calendar days of the seizure of the dog. The Animal Services Director shall notify the owner or custodian of the dog that an administrative hearing will be held, at which time he or she may present evidence as to why the dog should not be declared restricted or vicious.

(4)

The owner or custodian shall be served the notice of the hearing, the time, date and location of the hearing, a copy of City regulations regarding Vicious and Restricted Dogs, and a copy of the petition, either personally, and/or by first class mail and certified mail return receipt requested. The hearing shall be held promptly within no less than five business days nor more than 10 business days after the service upon the owner or custodian of the dog. For the purposes of this article, service is complete either: (i) when the documents are personally served; or (ii) five business days after the documents are deposited in the mail or when the return receipt is received back from the recipient, whichever is earlier.

Conduct of Hearing. The hearing shall be conducted as an administrative hearing open to the public. The administrative hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The administrative hearing officer may find, upon a preponderance of the evidence, that the dog is restricted or vicious and shall make other orders or findings required or authorized by this article. The administrative hearing officer may decide all issues for or against the owner or custodian of the dog, even if the owner or custodian fails to appear at the hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admissions of such evidence over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant or unduly repetitious evidence shall be excluded.

Administrative Hearing Officer. The hearing shall be conducted by a neutral hearing officer. Animal Services may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who signed the petition or directed the seizure or impoundment of the dog, and is not junior in rank to that person(s). In the alternative, Animal Services may utilize the services of a hearing officer from outside the Department who is employed either by the County or by the City.

Administration of Oaths. The administrative hearing officer shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.

Record. The administrative hearing officer shall record the hearing on a recording device and shall make such recording available to the parties upon request. Animal Services shall provide a copy of the recording or a transcript prepared therefrom to any party who requests it and pays the cost of making such copy or preparing such transcript.

(c)

Notice of Decision. Following the administrative hearing, a written notice of the decision shall be served on Animal Services and the owner or custodian of the dog either personally and/or by first class mail and certified mail return receipt requested within 14 calendar days after the date of the hearing.

(d)

Consequences of Vicious Dog Determination.

A dog determined to be a vicious dog shall be euthanized by Animal Services when it is found, after proceedings conducted pursuant to this Section, that the release of the dog would create a significant threat to the public health, safety and welfare. If the dog determined to be vicious is not in the County's possession, the owner or custodian shall surrender the dog to the County.

If it is determined that a dog found to be vicious shall not be destroyed, the administrative hearing officer shall impose conditions necessary to protect the public health, safety, and welfare. These conditions are limited to release to an approved animal rescue sanctuary for the remainder of the animal's life and no possibility of adoption. The owner or custodian is responsible for ensuring payment of all fees, charges and associated costs related to this release. The owner or custodian will provide proof to Animal Services within 14 calendar days of the fully executed contract with the County approved animal sanctuary. If the owner or custodian fails to pay all fines and charges for services performed by Animal Services pursuant to Section 5-3.202 through 5-3.203 and/or fails to provide proof of a contract with a County approved animal sanctuary within 14 days of the owner's or custodian's receipt of the notice of the decision, the dog will be deemed abandoned and may be transferred, adopted or euthanized by the Department at its discretion.

The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing or having custody of any dog for a period of up to three years, if it is found at the hearing conducted pursuant to the petition to declare the dog vicious, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare.

(e)

Consequences of Restricted Dog Determination.

A dog determined to be a restricted dog shall be properly licensed, microchipped, spayed or neutered, and vaccinated at the owner or custodian's expenses, prior to release to the owner or custodian if the dog was impounded.

If a dog determined to be a restricted dog was not impounded, the dog owner or custodian shall provide proof that the dog is licensed, microchipped, spayed or neutered, and vaccinated within 14 calendar days after the decision declaring the dog to be a restricted dog is served on the dog owner or custodian. Animal Services will include the designation "restricted" in the license registration records of the dog.

The administrative hearing officer may impose other restrictions as are determined by the hearing officer to be necessary to protect the public health, safety and welfare. This determination shall take into consideration factors presented at the hearing, including, but not limited to, the nature of the attack, the size and strength of the dog, and the circumstances of the aggressive behavior. If the dog has been impounded, the administrative hearing officer may order that the dog not be released back to the owner until the owner has demonstrated compliance to Animal Services. The restrictions that the administrative hearing officer may impose pursuant to this Subsection may include, but will not be limited to, the following:

(i)

Fence or enclosure requirements;

(ii)

Yard inspections;

(iii)

Muzzling when in public;

(iv)

Notification to Animal Services of incidents involving the restricted dog;

(v)

Training;

(vi)

Maintenance of general liability insurance; and

(4)

All charges for services performed by Animal Services pursuant to Sections 5-3.202 and 5-3.203 and any fines imposed shall be paid prior to the release of the dog to its owner or custodian within 14 calendar days after the services are performed or the charges and/or fines are ordered to be paid. If the charges and/or fines are not paid within 14 days after the services are performed or the fines are ordered to be paid, the dog shall be deemed to be abandoned and may be transferred, adopted or euthanized by the Department at its discretion.

(5)

The owner will advise Animal Services of his/her new address whenever the owner moves his/her residence or prior to re-homing the dog with the information of the name, address and phone number of the new owner.

(f)

Compliance with conditions and consequences of violation of conditions:

The hearing officer who heard the petition to determine if a dog is potentially vicious or restricted or other administrative hearing officer may schedule follow-up hearing dates to ensure compliance with all conditions imposed.

Consequences that may result from the failure of an owner or custodian of a dog to comply with any of the imposed conditions under (d) or (e) above include, but are not limited, to the following:

(i)

The failure to comply with any condition shall be a violation of this Article that is punishable as a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment;

(ii)

A violation of any part of an administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief shall not limit the authority or ability of the County to take any other action permitted by law;

(iii)

A violation of an administrative decision following a determination that a dog is a restricted dog, may result in the filing of a new action pursuant to Section 5-3.202 to determine if the dog is a "vicious dog" as defined under Section 5-3.101(t).

(iv)

The hearing officer may order seizure of the dog to ensure compliance with conditions placed on the owner following the hearing that have not been met.

(g)

Exceptions.

No dog may be declared restricted or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared restricted or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared restricted or vicious if an injury or damage was sustained by a domestic animal or livestock which at the time of the injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog.

No dog may be declared restricted or vicious if the injury or damage to a domestic animal or livestock was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or custodian, and the damage or injury was to a species or type of domestic animal or livestock appropriate to the work of the dog.

Section 5-3.205 Biting dogs: Confinement.

No dog may be declared restricted or vicious if the injury or damage to a person or domestic animal was sustained while the dog was a law enforcement dog performing law enforcement duties.

(4)

This article does not apply to humane society shelters, municipal animal control facilities, or to veterinarians or veterinary clinics.

(Ord. 2016-14, eff. 7/21/16; Ord. 2019-01 § 20, eff. 3/21/19)

Section 5-3.204 Dangerous dogs at large.

It is unlawful for the owner or person having charge, custody or control of a dangerous dog to allow, cause or permit such dog to be at large in or upon any sidewalk, street or other public place in the City or in or upon any private property or area in the City. Any person who violates or fails to comply with any provision of this Section is guilty of a misdemeanor. If, upon the trial of any such person, the court determines that such dog is dangerous or has exhibited any behavior within the meaning of Section 5-3.101(n) or (t), the court shall order as appropriate that such dog be spayed or neutered, fitted with microchip implant identification, and/or registered as dangerous with the Department. The court shall also make any other orders consistent with the public health, safety and welfare up to and including destruction of the animal.

(Ord. 2016-14, eff. 7/21/16; Ord. 2019-01 § 21, eff. 3/21/19)

Upon written notice by the Health Officer or Poundkeeper, the owner or person having the control of any dog which has within the preceding 10 days bitten any person or animal shall, upon demand and in the discretion of the Health Officer or Poundkeeper, follow one of the following procedures. He or she shall either:

Confine such dog to his or her own premises;

Section 5-3.206 Biting dogs: Restricted or Vicious.

Surrender such dog to the Poundkeeper, who shall impound and keep such dog at the public pound in a separate kennel for a period of not less than 10 days;

(c)

Surrender such dog to a licensed veterinarian as designated by the Health Officer or Poundkeeper; or

(d)

Surrender the dog to the Poundkeeper or Health Officer for quarantine at any other location or facility designated and approved by the Health Officer or Poundkeeper. A violation of the provisions of this Section is a misdemeanor.

(Ord. 2016-14, eff. 7/21/16; Ord. 2019-01 § 22, eff. 3/21/19)

In the event that the Poundkeeper, having regard for the circumstances of the case, determines that the biting dog impounded pursuant to the provisions of Section 5-3.202 or Section 5-3.205 is restricted or vicious, he or she shall follow the procedures set forth in Section 5-2.203.

(Ord. 2016-14, eff. 7/21/16; Ord. 2018-02 § 1, eff. 4/5/18)

Section 5-3.207 Biting dogs: Quarantine by owner.

If any biting dog is quarantined on the premises of the owner, the Health Officer or Poundkeeper may post a quarantine sign on such premises, and it is unlawful for any person to remove the sign during the term of such quarantine without the consent of the Health Officer or Poundkeeper. Any quarantine provided in this article shall be for a term of not less than 10 days unless otherwise specified by the Health Officer.

(Ord. 2016-14, eff. 7/21/16)

Section 5-3.208 Disposal of dog waste.

No person owning or having custody or control of any animal shall knowingly or through failure to exercise due care or control permit such animal to defecate or commit any other nuisance, and allow such nuisance to thereafter remain in any public park or other public property, upon the sidewalk or parkway of any street, or upon any private property which is improved or occupied without the consent of the owner or person in lawful occupation thereof. A person shall not be considered in violation of this Section if the person has the necessary equipment, i.e., shovel, bag, etc., readily available and does take immediate and necessary action to accomplish the removal of such nuisance. Fecal matter shall be disposed of by depositing it in a trash receptacle, sanitary disposal unit or other closed or sealed container, but shall be not be disposed of in a private trash container without the permission of the container's owner.