Other than a dog that is peaceably off leash in any public park
area designated by the city for unleashed dogs, any person who owns,
or is in charge of or controls, or who possesses, a dog or other animal,
who permits, allows or causes the dog or other animal to run, stray,
be uncontrolled or in any manner be in, upon or at large upon a public
street, sidewalk, park or other public property or in or upon the
premises or private property of another person is guilty of a misdemeanor
if said dog or other animal bites, attacks or causes injury to any
human being or other animal.
Any person convicted under this section shall not own, possess,
control or be in charge of any animal of the type which caused the
bite, attack or injury for a period of three years from the date of
conviction. The municipal services department shall not issue or renew
any license or permit for that type of animal; except, that upon the
written request of the person so convicted, the city manager may authorize
the issuance of a dog license.
(Prior code § 3-3(a); Ord. 628-89 § 1; Ord. 755-94 § 5; Ord.
1066-11 § 3)
A. The
department shall have the power to summarily and immediately impound
a dog or other animal where there is evidence it has attacked, bitten
or injured a human being or other animal pending any court or dog
license or animal permit revocation proceeding arising from the attack,
bite or injury, or to undertake a hearing.
Failure to surrender to the department, upon demand, a dog or
other animal which is subject to being impounded pursuant to this
section is a misdemeanor.
A dog or other animal impounded pursuant to the authority of
this section shall be returned to the owner or custodian when it is
no longer required as evidence or if a notice of a hearing to declare
the dog or other animal a dangerous animal has not been served on
the owner or custodian within seven days after the impoundment.
B. In lieu
of impound, the city manager may permit the dog or other animal to
be confined at the owner's or custodian's expense in a parking control
division-approved dog kennel or veterinary facility within the city
or at the owner's or custodian's residence provided that the owner
or custodian:
1. Shall
not remove the dog or other animal from the kennel, veterinary facility
or residence without the prior written approval of the city manager
or authorized representative; and
2. Shall
make the dog or other animal available for observation and inspection
by department personnel or members of law enforcement agencies or
their authorized representatives.
C. The city manager or authorized representative may have a dog or other animal, which has been impounded or confined as provided in subsections
A or
B of this section, permanently identified by means of photo-identification prior to release from impound or confinement.
(Ord. 628-89 § 2; Ord. 755-94 § 5; amended during 6/30/96 supplement; Ord.
913-02 § 29)
A. The
parking control division shall conduct a hearing to determine whether
or not a dog or other animal confined or impounded is a dangerous
animal.
B. In making
a determination that any dog or other animal is or is not dangerous,
evidence of the following shall be considered:
1. Any
previous history of the dog or other animal attacking, biting or causing
injury to a human being or other animal;
2. The
nature and extent of injuries inflicted and the number of victims
involved;
3. The
place where the bite, attack or injury occurred;
4. The
presence or absence of any provocation for the bite, attack or injury;
5. The
extent to which property has been damaged or destroyed;
6. Whether
the dog or other animal exhibits any characteristics of being trained
for fighting or attack or other evidence to show such training or
fighting;
7. Whether
the dog or other animal exhibits characteristics of aggressive or
unpredictable behavior in the presence of human beings or dogs or
other animals;
8. Whether
the dog or other animal can be effectively trained or retrained to
change its temperament or behavior;
9. The
manner in which the dog or other animal had been maintained by its
owner or custodian;
10. Any other evidence concerning the maintenance of the dog or other
animal;
11. Any other relevant evidence regarding the ability of the owner or
custodian, or the parking control division, to protect the public
safety in the future if the dog or other animal is permitted to remain
in the city.
C. The
parking control division, after a hearing, may declare any dog or
other animal to be a dangerous animal whenever it has bitten, attacked
or caused injury to any human being or other animal.
D. It is
unlawful for any person to own, possess, harbor or keep any dog or
other animal declared by the parking control division, after a hearing,
to be dangerous. Any dog or other animal declared by the parking control
division to be dangerous, if not already impounded by the parking
control division, shall be immediately surrendered to the department,
and it is the duty of the department to take up and impound any such
dog or other animal.
Any dog or other animal declared to be a dangerous animal shall
be humanely destroyed. The city manager shall sign an order authorizing
the destruction of the dog or other animal within two days after the
time for appeal has passed without an appeal being filed or after
the fifth day after the appeal hearing affirming that the dog or other
animal is a dangerous animal.
E. If it
is determined that the dog or other animal is not dangerous, but that
the bite, attack or injury was the result of improper or negligent
training, handling or maintenance, the dog license or animal permit
may:
1. Be
revoked if it is determined that the owner or custodian is unwilling
to properly train, handle or maintain the dog or other animal and
a similar incident is not likely to occur in the future with proper
training, handling or maintenance; or
2. Be
reissued with reasonable terms, conditions or restrictions imposed
for the training, handling or maintenance of the dog or other animal
to protect the public health, safety and welfare if it is determined
that the owner or custodian is able and willing to properly train,
handle or maintain the dog or other animal and a similar incident
is not likely to occur in the future with proper training, handling
or maintenance.
F. If a dog or other animal has been impounded or confined pursuant to Section
6.12.011 and its license or permit has been revoked pursuant to subsection (E)(l) of this section, and the owner or custodian wishes to reclaim and remove it from the city, the parking control division shall release it; provided, that the dog or other animal is taken to its new location immediately and directly upon its release from impound or confinement. Failure to remove the dog or other animal immediately and directly from the city upon release from impound or confinement is a misdemeanor.
Any dog or other animal which has previously been impounded
or otherwise confined and which has not been claimed within five calendar
days of service of a notice of revocation of its license or permit
shall be deemed abandoned and shall be disposed of by the parking
control division. Notwithstanding the above, the owner may enter into
a written agreement with the parking control division to take additional
time to remove, or to cause the dog or other animal to be removed,
to a new location outside the city. Such additional time shall not
exceed ten days.
G. Any
dog or other animal subject to this section must be permanently identified
by the parking control division by the use of photographs or permanent
marking, or both, prior to its release from impound or confinement.
H. Any
person whose dog or other animal has been declared dangerous or whose
license or permit has been revoked under this section shall not own,
possess, control or be in charge of any animal of the type declared
to be dangerous or whose license or permit has been revoked for a
period of three years from the date of the action declaring the animal
dangerous or revoking the license or permit. The parking control division
shall not issue a permit for that type of animal; except, that upon
the written request of the person whose dog or other animal has been
declared dangerous or whose license or permit has been revoked, the
city manager may authorize the issuance of a dog license or other
permit.
(Ord. 628-89 § 3; Ord. 755-94 § 5; amended during 6/30/96 supplement; Ord.
913-02 § 30)
Any person transporting a wild or vicious animal, reptile or
serpent through the city shall take adequate safeguards to protect
the public and shall notify the local law enforcement agency of the
proposed route of transportation and time thereof.
(Prior code § 3-3(b))
Persons involved with a circus, animal show or business having
the keeping, maintenance or display of animals, reptiles or serpents
shall obtain a wild animal permit. No wild animal permit shall be
issued by the city until a report has been received from the law enforcement
agency of the city advising whether the safety of any person or property
will be endangered by the keeping or displaying of any such animal
or reptile at the time, place and under the circumstances and in the
facilities proposed to be used by such person.
(Prior code § 3-3(c))
The parking control division, and/or the appropriate law enforcement
agency, aided by the community development department, shall enforce
the provisions of this chapter.
(Prior code § 3-3(i); Ord. 755-94 § 5)