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))
A. 
Persons possessing an apiary within the city shall obtain a wild animal permit. The following are guidelines, standards and restrictions to be imposed upon apiaries in the city. The planning commission may, in granting a wild animal permit, modify any of these provisions if, in its judgment, it has imposed other additional conditions which equally satisfy the spirit and purpose of this section. Unless modified by the planning commission, each of these provisions shall be applicable as development standards to all apiaries within the city:
1. 
Apiaries are permitted in the manufacturing and agricultural zones only.
2. 
A maximum of five colonies, one queen plus brood, shall be permitted.
3. 
Apiaries shall be located one hundred feet from any use and shall not be kept and maintained at a lesser distance unless the owner of the apiary first obtains notarized consent from occupants of all adjacent properties.
4. 
Apiaries must be located a minimum of fifty feet from adjacent property lines.
5. 
Apiaries shall be located at least one hundred feet from all public roads and at least two hundred feet from freeways.
6. 
Apiaries shall be located one hundred fifty feet from parking lots with a large capacity.
7. 
An adequate, accessible water supply shall be provided and kept available at all times for the apiary.
8. 
All apiaries located near schoolyards or places where people congregate shall be located and maintained behind barriers, natural or otherwise, to cause bees to fly a high altitude over such schoolyards or places where people congregate.
B. 
In the event that the apiary causes a public nuisance to the extent that the health, safety or welfare of the public is endangered, or of causing property damage through a violation of this section, the wild animal permit can be revoked.
(Prior code § 3-3(d))
A. 
Applicants for a wild animal permit under the provisions of this chapter must submit:
1. 
Planning application form;
2. 
Land use map with five-hundred-foot radius;
3. 
Property owner list of property owners within a three-hundred-foot radius of the site;
4. 
Three copies of mailing stickers;
5. 
Affidavit certifying property owner list;
6. 
Twelve sets of plot plans;
7. 
Fifty-dollar filing fee.
B. 
Wild animal permits are granted by the planning commission following a posted and published public hearing and notification of surrounding property owners.
(Prior code § 3-3(e))
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)