This chapter shall be known as the "Vicious Dog Regulation Ordinance."
(Prior code § 7-133; Ord. 022-07 C.S. § 1)
For the purpose of this chapter, unless it is plainly evident
from the context that a different meaning is intended, certain terms
used in this chapter are defined as follows:
means that section of the Stockton Police Department designated
by the Chief of Police as being responsible for animal control and/or
services within the City.
means a fence or structure suitable to prevent the entry
of young children, and which is suitable to confine a potentially
dangerous dog or vicious dog. The enclosure shall be securely locked,
shall have secure sides and bottom sufficient to prevent the dog from
escaping, and shall be of sufficient size to provide the dog with
an adequate exercise area. A top may be required for the enclosure
if necessary to assure the dog's containment.
means the taking into custody of an animal by a Police Officer
or an Animal Services Officer.
means:
Any dog which, when unprovoked, on two separate occasions within
the prior 36-month period, engages in any behavior that requires a
defensive action by any person to prevent bodily injury when the person
and the dog are off the property of the owner or keeper of the dog;
or
Any dog which, when unprovoked, bites a person causing a transitory
or short-lived bodily distress or incapacity without need for multiple
sutures or corrective or cosmetic surgery; or
Any dog which, when unprovoked, has killed, seriously bitten,
inflicted injury, or otherwise caused injury attacking a guide dog
for the blind, a service dog for the disabled, or a hearing dog for
the deaf while off the property of the owner or keeper of the dog;
or
Any dog which, when unprovoked, has killed, seriously bitten,
inflicted injury, or otherwise caused injury while attacking a domestic
animal off the property of the owner or keeper of the dog.
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.
means without being intentionally incited to aggressive action.
means:
Any dog which, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a human being; or
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
the definition of potentially dangerous dog; or
Any dog that is associated with conduct which results in the
dog's owner or keeper being convicted under Penal Code Section 597.5(a).
(Prior code § 7-134; Ord. 022-07 C.S. § 1)
A.
If an
investigation conducted by any Stockton peace officer or Animal Services
Officer results in a determination that there is probable cause to
believe that (1) a dog is potentially dangerous or vicious; or (2)
that the owner of a dog previously determined potentially dangerous
or vicious is in violation of any of the provisions of this chapter
or orders of the City Manager issued pursuant thereto; or (3) if any
dog is a significant threat to the public health, safety, and welfare,
the officer in charge of the Animal Services Section shall file with
the City Manager a verified complaint setting forth facts that establish
probable cause to believe the dog in question is potentially dangerous
or vicious, that the owner of a previously determined potentially
dangerous or vicious dog is in violation of any of the provisions
of this chapter or orders issued pursuant thereto, or that a dog is
a significant threat to the public health, safety, and welfare.
B.
The
City Manager or his or her designee shall conduct a hearing for the
purpose of determining whether or not the dog in question should be
declared potentially dangerous or vicious, or if the owner of a dog
previously determined potentially dangerous or vicious is in violation
of this chapter and if so, what orders or penalties should apply,
or if a dog poses a significant threat to public health, safety and
welfare and, if so, what orders should apply.
(Prior code § 7-135; Ord. 022-07 C.S. § 1)
The owner or keeper of the dog shall be served a copy of the
verified complaint, a court petition if filed, and a notice of hearing
date, time and place, either personally or by first-class mail with
return receipt requested.
(Prior code § 7-135.1; Ord. 022-07 C.S. § 1)
A hearing conducted pursuant to this chapter shall be held promptly
within no less than five working days nor more than 10 working days
after service of notice upon the owner or keeper of the dog.
(Prior code § 7-135.2; Ord. 022-07 C.S. § 1)
The hearing shall be open to the public.
(Prior code § 7-135.3; Ord. 022-07 C.S. § 1)
The City Manager or designee may receive at the hearing all
relevant evidence from both the Animal Services Department and the
owner or keeper of the dog. Such evidence may include incident reports
and affidavits of witnesses.
(Prior code § 7-135.4; Ord. 022-07 C.S. § 1)
The findings, determinations, declarations and orders of the
City Manager or designee shall be in writing based upon whether, by
a preponderance of the evidence, the dog is proven potentially dangerous
or vicious, or the owner of previously determined potentially dangerous
or vicious dog is proven in violation of this chapter or orders issued
pursuant thereto, or a dog is proven to pose a significant threat
to public health, safety and welfare. Service of the findings, determination
and any orders issued pursuant thereto shall be made upon the owner
or keeper of the dog either personally or by first-class mail return
receipt requested. The findings, determination and orders of the City
Manager or his or her designee are final.
(Prior code § 7-135.5; Ord. 022-07 C.S. § 1)
No dog may be declared potentially dangerous or vicious or a
threat to public health, safety and welfare solely because any of
the following conditions result:
A.
Injury
or damage is sustained by any person who at the time of the injury
or damage was physically abusing, tormenting, teasing, or assaulting
the dog;
B.
Injury
or damage is sustained by a person while committing a willful trespass
or other tort upon premises occupied by the owner or keeper of the
dog, or while committing or attempting to commit a crime;
C.
Injury
or damage is sustained by a person acting in concert with 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;
D.
An injury
or damage is sustained by a domestic animal which at the time the
injury or damage was sustained was teasing, tormenting, abusing, or
attacking the dog;
E.
An injury
is sustained by a person who has gained uninvited and unauthorized
entry onto fenced or indoor property of the dog's owner or keeper,
except that as used in this section, "unauthorized entry" shall not
include entry into a fenced residential front yard unless such yard
is either locked or posted to prohibit entry;
F.
The
dog acts to protect or defend a person within the immediate vicinity
of the dog from an unjustified attack or assault.
(Prior code § 7-135.6; Ord. 022-07 C.S. § 1)
A.
If upon
investigation it is determined by a Police Officer or Animal Services
Officer that probable cause exists to believe any dog poses an immediate
threat to public safety, then the Police Officer or Animal Services
Officer may enter any premises where the dog is kept, other than a
place of residence or closed garage, to seize and impound the dog
pending any hearing to be held pursuant to this title. Subsequent
to such hearing, if the dog is determined to be vicious and its release
would create a significant threat to the public health, safety, and
welfare, the City Manager or designee may issue an order that Animal
Services destroy the dog. No such order shall take effect until at
least two working days after the personal service of the order upon
the known owner or keeper of the dog or seven working days after the
date of mailing if the order is sent by first class mail to the known
owner or keeper. If the owner or keeper is unknown, no such order
shall take effect until the dog has been impounded at least seven
days.
B.
The
owner or keeper of the dog shall pay a fine not to exceed $1,000.00
and shall be liable to the City for all costs and expenses of keeping
a dog impounded pursuant to any provision of this chapter.
(Prior code § 7-136; Ord. 022-07 C.S. § 1)
When not contrary to public safety, a Police Officer or an Animal
Services Officer shall, at the request of an owner or keeper, permit
a dog which might otherwise be impounded pursuant to this chapter,
to be confined at the owner's expense in a mutually agreed upon and
approved animal shelter, kennel, or veterinary facility within the
City.
(Prior code § 7-136.1; Ord. 022-07 C.S. § 1)
A.
No impounded dog declared by the City Manager or designee to be potentially dangerous or vicious shall be released to the custody of its owner or keeper unless all fees and penalties assessed pursuant to this chapter have been paid. Additionally, no dog declared vicious shall be released to the custody of its owner or keeper unless such person demonstrates compliance with Section 6.08.180, the capability to immediately leash and muzzle the dog, and possession of an enclosure to contain the dog in satisfaction of Section 6.08.130.
B.
A rebuttable presumption shall arise that a dog has been abandoned if any owner or keeper of an impounded dog, declared potentially dangerous or vicious, has not met conditions for release of the dog within 10 days after notice mailed by first class mail return receipt requested by Animal Services that the dog is available for release. The City Manager, after notice to the last known owner or keeper and after a hearing conducted pursuant to the hearing provisions of this chapter, may order the abandoned dog destroyed. Such order shall take effect in accordance with the time and notice provisions established in Section 6.08.100.
(Prior code § 7-136.2; Ord. 022-07 C.S. § 1)
A.
A dog
found to be potentially dangerous pursuant to this chapter shall at
all times while not securely confined indoors:
1.
Be
confined in an area which is securely fenced and locked so as to prevent
trespass by children and from which the dog cannot escape; and
2.
When
off the property of its owner or keeper humanely muzzled and leashed
with a substantial leash not to exceed two feet in length and under
the control of a responsible adult who is familiar with and in control
of the dog; or
3.
Humanely
confined in a vehicle so that it can neither escape nor inflict injury
on passersby.
B.
For
the purposes of this section, a dog which is humanely muzzled and/or
confined in a vehicle shall be able to drink, breathe, and pant freely
under conditions which do not subject the animal to needless suffering.
When circumstances warrant, the Animal Services Supervisor may
modify conditions of restraint to accommodate the special needs of
the dog. A dog found vicious pursuant to this chapter shall be kept
in an outdoor enclosure on the property where the vicious dog is kept
and maintained. The enclosure shall be designed in order to prevent
the dog from escaping and shall afford the dog with an adequate exercise
area as well as permit the animal adequate shelter from the elements,
food, and water. While confined within the enclosure the dog shall
not be tethered. A vicious dog shall at all times be kept in said
outdoor enclosure unless the dog is securely confined inside the dwelling
of the owner or keeper or the dog is removed for the purposes of obtaining
veterinary care, being sold or given away, complying with any provision
of law or with a directive of the City Manager or his or her designee
or the Animal Services Supervisor.
(Prior code § 7-137; Ord. 022-07 C.S. § 1)
A.
The
owner or keeper of any dog found to be potentially dangerous or vicious,
pursuant to this chapter, shall notify Animal Services immediately
if the dog has escaped, is unconfined, has attacked another animal,
has bitten a human being or has died.
B.
The
owner or keeper of a dog found to be potentially dangerous pursuant
to this chapter, shall notify Animal Services within 48 hours if the
dog is sold, transferred, or permanently removed from the place where
the owner or keeper resided or kept the dog at the time the dog was
determined to be potentially dangerous. The owner or keeper shall
also inform Animal Services of any new address where the dog is to
be kept and of the name, address and telephone number of any new owner.
C.
The
owner or keeper of a dog found to be vicious shall notify Animal Services
at least 48 hours prior to selling, transferring, or permanently removing
the dog to a new location and shall also provide Animal Services with
the name, address and telephone number of the new owner of the dog
and with the address of any new permanent location of the dog.
(Prior code § 7-137.1; Ord. 022-07 C.S. § 1)
No dog, which has previously been determined to be potentially
dangerous or vicious after an administrative hearing by another jurisdiction,
will be allowed to be kept, owned or harbored in the City. Any notice
by Animal Services to remove, abate, or destroy any dog owned, harbored,
or maintained in violation of this section may be appealed to the
City Manager or his or her designee by filing with the City Manager
a written statement of the factual basis for the appeal within five
working days of the receipt of said notice.
(Prior code § 138; Ord. 022-07 C.S. § 1)
The owner or keeper of a dog which has been determined to be
potentially dangerous or vicious pursuant to this chapter shall display
on the property where the dog is kept a sign containing a visual and
verbal warning that there is a potentially dangerous or vicious dog
on the premises. The dimensions, colors, lettering, and graphics of
the sign shall be established by the Animal Services Supervisor. The
sign shall be visible to the general public. Animal Services shall
make sure signs are available for purchase.
(Prior code § 138.1; Ord. 022-07 C.S. § 1)
The owner or keeper of any dog determined to be potentially dangerous or vicious pursuant to this chapter shall consent to inspection of the property where the dog is kept and of the dog upon 24 hours' written notice by Animal Services. Said inspection shall be set at a reasonable time and in a reasonable manner to verify full compliance with the requirements of Sections 6.08.130 and 6.08.160.
(Prior code § 138.2; Ord. 022-07 C.S. § 1)
The owner or keeper of any dog found to be vicious pursuant
to this title shall present to Animal Services proof that the owner
or keeper has procured liability insurance in the amount of at least
$100,000.00 covering any damage or injury which may be caused by the
vicious dog. Such liability insurance shall not be cancelled, unless
the owner or keeper shall cease to own or keep the dog prior to expiration
of that license. Coverage shall be evidenced by a certificate issued
by the insurer. The owner shall also provide documentation from the
insurer warranting that the insurer will provide the City with at
least 30 days' advance notice of cancellation.
(Prior code § 139; Ord. 022-07 C.S. § 1)
The owner or keeper of any dog found potentially dangerous or
vicious pursuant to this chapter shall, at his or her expense, have
a microchip, assigned by Animal Services, inserted into the dog for
identification purposes. The identifying information listed on the
microchip shall be noted in the City licensing files for that dog.
A dog that has been found to be potentially dangerous or vicious pursuant
to this chapter shall be sterilized at the owner's expense.
(Prior code § 139.1; Ord. 022-07 C.S. § 1)
No dog found to be potentially dangerous or vicious pursuant
to this chapter shall be kept by an owner or keeper who is a minor.
(Prior code § 7-193.2; Ord. 022-07 C.S. § 1)
In any case where a dog determined to be vicious pursuant to
this chapter is outside an enclosure, except in cases where it is
inside the dwelling of its owner or keeper, which dwelling is sufficient
to contain the dog, or in custody of a veterinarian, the dog shall
be securely and humanely muzzled and restrained with a harness and
nylon leash sufficient to restrain the dog, having a minimum tensile
strength of 300 pounds and not exceeding two feet in length, and shall
be under the direct charge and control of its owner or keeper. For
the purposes of this section, a dog which is humanely muzzled shall
be able to drink, breathe and pant freely.
(Prior code § 7-139.3; Ord. 022-07 C.S. § 1)
It is a misdemeanor for any owner or keeper of a previously determined vicious dog to intentionally fail to comply with Sections 6.08.130, 6.08.140, 6.08.160, 6.08.170, 6.08.180, 6.08.190 and 6.08.210. Conviction of said offense shall be punished by a fine of $1,000.00 and imprisonment in the County Jail not to exceed one year. Upon conviction of said misdemeanor, the court shall order the vicious dog seized, declared a nuisance and destroyed unless Animal Services sets forth cause why the dog should not be destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any dog within the City for a minimum of three years.
(Prior code § 7-140; Ord. 022-07 C.S. § 1)
A.
Any
violation of this chapter involving a potentially dangerous dog shall
be punishable by a fine not to exceed $500.00. Such fine may be assessed
by the City Manager after a hearing conducted pursuant to this chapter
or by a court of competent jurisdiction and shall be paid to the City
for the purpose of defraying the cost of implementation of this chapter
as it pertains to potentially dangerous or vicious dogs.
B.
Any
violation of this chapter involving a vicious dog shall be punishable
by a fine not to exceed $1,000.00. Such fine may be assessed by the
City Manager after a hearing conducted pursuant to this chapter or
by a court of competent jurisdiction and shall be paid to the City
for the purpose of defraying the cost of implementation of this chapter
as it pertains to potentially dangerous or vicious dogs.
(Prior code § 7-140.1; Ord. 022-07 C.S. § 1)
This chapter does not apply to any dog owned by any government
agency, which is used in the performance of law enforcement duties.
(Prior code § 7-140.2; Ord. 022-07 C.S. § 1)
If there are no additional instances of the behavior described in Section 6.08.020 within a 36-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs.
(Prior code § 7-140.3; Ord. 022-07 C.S. § 1)
