The provisions of this Article are supplementary to any other provision of law governing the same and are intended to afford the protection to the public consistent with reasonable and ascertainable standards of conduct.
No person shall possess any dog in the City that is or has been determined to be a dangerous dog except in conformance to the provisions of this Article.
A dog may be determined to be dangerous when any of the following requirements are met:
(a)
Any dog which, according to the record of the Animal Control Officer, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal without provocation while off the dog owner's property;
(b)
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting;
(c)
Any dog which without provocation chases or approaches beings on the streets, sidewalks, public grounds or property other than that of the owner of the dog, in a threatening and menacing manner or with apparent attitude of attack, or whose behavior requires a defensive action by any human being to prevent bodily injury when the human being and the dog are off the property of the owner of the dog;
(d)
Any dog not owned by a governmental entity or law enforcement agency and used exclusively to guard public or private property;
(e)
Any dog which, when unprovoked, in an aggressive manner, bites a human being, causing a less severe injury than as defined in Section 4-11-100(e).
No dog may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
(a)
A determination hearing shall be conducted by the Animal Control Officer whenever there is reasonable cause to believe that a dog may be a "dangerous dog" as defined in Section 4-11-610. Said hearing shall be conducted no less than five working days nor more than 10 working days after serving notice to the owner by certified mail.
(b)
Pending the outcome of such a hearing and unless otherwise impounded, the dog must be securely confined in a humane manner either on the premises of the owner or with a licensed veterinarian.
(c)
The Animal Control Officer shall determine whether to declare the animal to be a "dangerous dog" based upon evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident(s) which may be considered germane to such a determination, Health Department personnel, Animal Control personnel, police or any other person possessing relevant information.
(d)
The Animal Control Officer shall issue written findings within five working days after the determination hearing. The owner or possessor of the animal found to be dangerous by this hearing has the right to appeal the decision to the City Manager within five days of receiving such decision.
(e)
The Animal Control Officer may decide all issues for or against the owner of the dog even if the owner fails to appear at the hearing.
No prior hearing shall be required in those circumstances defined in Section 4-11-100(e) where a dog has, without provocation, inflicted severe injury on a human being. Provided, however, the owner of such a dog shall have the right to contest such designation in the manner provided in Section 4-11-620. Such right shall be afforded only to an owner reporting knowledge of a bite pursuant to Section 4-11-315 and if made within five days of such bite.
The owner or a dangerous dog shall, at his or her own expense, have the license number assigned to such dog, or other such numbers the City shall determine, tattooed upon such dangerous dog by a licensed veterinarian or person trained as a tattooist and authorized as such by the State or Police Department. The Animal Control Officer may, in his or her sole and exclusive discretion, designate the particular location of said tattoo. The Animal Control Officer may also determine any alternative means of identifying a dangerous dog which, in his or her sole and exclusive discretion, will provide sufficient notice to the public.
The owner of a dangerous dog shall notify the Animal Control Officer within 24 hours if a dangerous dog is loose, unconfined, has attacked another animal, has attacked a human being, has died or has been sold or given away. If the dog has been sold or given away the owner or keeper shall provide the Animal Control Officer with the name, address and telephone number of the new owner, who, if a resident of the City, must comply with the requirements of this Chapter.
While on the owner's property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five feet by 10 feet and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the dog. The Animal Control Officer may, in his or her sole and exclusive discretion, establish additional or alternative standards to adequately protect the public.
The owner shall display a sign on his or her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog.
A dangerous dog may be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six feet in length and under the control of a responsible person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or animal. The Animal Control Officer may, in his or her sole and exclusive discretion, establish additional or alternative standards to adequately protect the public.
The owner or keeper of a dangerous dog shall present to the Animal Control Officer proof that the owner or keeper has procured liability insurance coverage in an amount specified by the Finance Director of the City. This policy shall contain a provision requiring the City of San Leandro to be named as an additional insured.
A dog declared dangerous may be destroyed by order of the Animal Control Officer when it is found, after proceedings conducted pursuant to Section 4-11-6-20 or Section 4-11-625 that the release of the dog would create a significant threat to the public health, safety and welfare.
The Animal Control Officer may seize and impound an animal for violation of any provision of this Chapter or State law prior to hearing where the owner is not present and where the officer reasonably believes it is necessary:
(a)
To protect public health, safety and property; or
(b)
To protect an animal which is injured, sick, or starving.
When the person owning or having the right to control any dog is present, the Animal Control Officer may, prior to a hearing, seize or impound any such dog he or she reasonably believes to be infected with disease transmittable to humans or to be a dangerous dog and a threat to public health, safety or property. Such seizure or impoundment may be made even though the animal is confined at the time or the seizure or impoundment. |
If the owner or person with the right to control the animal wishes to challenge the seizure or impoundment, he or she shall so advise the Animal Control Officer, in writing, within five days after the seizure or impoundment. |
The Animal Control Officer shall promptly set the time and place for the hearing before him or her and shall cause notice of such hearing to be mailed to the requesting party no later than five days before the hearing. |
Notwithstanding the provisions or Section 4-11-415 to the contrary, any dog impounded pursuant to the provisions of Section 4-11-660 may be redeemed only upon satisfying the requirements of Section 4-11-415 and upon the payment or a civil penalty of Two hundred fifty dollars for the first violation, Five hundred dollars for the second violation and One thousand dollars for the third violation.