Nothing in this title shall prevent the city from pursuing action
under any other provision of this code or any court action under Food
and Agriculture Code Section 31601, et seq. The shelter director,
and his or her designee, shall have the discretion to directly petition
the court, under state law, to seek a determination of whether a dog
is potentially dangerous or vicious.
(Ord. 504 § 2, 2022)
Chapter
6.32 does not apply to licensed kennels, humane society shelters, public animal shelters, veterinarians, or to dogs used by peace officers in the performance of their peace officer work.
(Ord. 504 § 2, 2022)
For the purposes of Chapter
6.32 only, the following terms shall have the following meanings, unless the context otherwise requires:
"Enclosure"
means a fence or structure suitable to prevent the entry
of young children, and which is suitable to prevent the dog from escaping.
The dog shall be housed pursuant to
Penal Code Section 597(t).
"Impounded"
means taken into the custody of the shelter director.
"Potentially dangerous dog"
means any of the following:
1.
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 dog are off the property of the owner or keeper of the dog.
2.
Any dog which, when unprovoked, bites a person causing a less
severe injury than the injury defined in Section 6.32.030(A)(3).
3.
Any dog which, when unprovoked, on two separate occasions within
the prior 36-month period, has killed, seriously bitten, inflicted
injury, or otherwise caused injury attacking a domestic animal off
the property of the owner or keeper of the dog.
"Severe injury"
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.
"Vicious dog"
means either of following:
1.
Any dog that, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a human being.
2.
Any dog previously determined to be and currently listed as
a potentially dangerous dog that, after its owner or keeper has been
notified of this determination, continues the behavior described in
Section 6.32.030(B)(1), or is maintained in violation of this chapter.
(Ord. 504 § 2, 2022)
If there are no additional instances of the behavior described
in Section 6.32.030(A) within a 36 month period from the date of designation
of a potentially dangerous dog, upon written application by the dog's
owner, the dog shall be removed from the city's list of potentially
dangerous dogs. The dog may, but is not required to be, removed from
the list of potentially dangerous dogs prior to the expiration of
the 36 month period if the owner of the dog demonstrates to the city
that changes in circumstances or measures taken by the owner, such
as training of the dog, have mitigated the risk to public safety.
(Ord. 504 § 2, 2022)
Any dog that is running at large and is dangerous to persons
or property due to its vicious disposition may be seized and destroyed
in a humane manner by the pound keeper.
A. A dog determined to be vicious may be destroyed by the division when it is found under Section
6.32.060, that the release of the dog would create a significant threat to the public health, safety, and welfare.
B. If it
is determined that a dog found to be vicious shall not be destroyed,
the administrative hearing officer shall impose conditions upon the
ownership of the dog that protect the public health, safety, and welfare.
C. If it is determined that a dog found to be vicious shall not be destroyed, the enclosure that is required shall meet the requirements of Section
6.32.030. The city or designee shall inspect and give written approval for the yard or enclosure within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the dog owner. A vicious dog may be off the owner's premises only if it is restrained by a non-retractable leash no longer than four feet, is wearing an animal regulation department-approved basket muzzle, and if it is under the control of a responsible adult. At no time may the dog be left unattended while off the owner's premises.
D. If it
is determined that a dog found to be vicious shall not be destroyed,
the dog shall be spayed or neutered at the expense of the owner before
the release of the dog to its owner. If the dog was not impounded,
the dog owner shall provide proof to the city that the dog has been
spayed or neutered within 30 calendar days after the decision or court
order declaring the dog to be potentially dangerous is served on the
dog owner.
E. If it
is determined that a dog found to be vicious shall not be destroyed,
the owner of a vicious dog shall give written notice of the vicious
dog determination to the United States Post Office (local branch)
and to all utility companies providing services to the premises where
the vicious dog is kept. The owner shall provide a copy of the notices
to the animal regulation department before the release of the dog
from impound. If the dog was not impounded, the dog owner shall provide
a copy of the required notices to the animal regulation department
within 14 days after the administrative hearing or court determination
declaring the dog is vicious.
F. If it
is determined that a dog found to be vicious shall not be destroyed,
the owner shall post one or more signs on the premises, at locations
approved by the city, stating that a vicious dog resides at the premises.
The sign(s) shall be posted within 24 hours after the administrative
decision or court order declaring the dog to be vicious is served
on the owner.
G. The
administrative hearing officer or court may impose other reasonable
conditions that are necessary to protect the public safety and welfare.
(Ord. 504 § 2, 2022)
If a dog determined to be vicious dies, or is sold, transferred
or permanently removed from the city or county where the owner resides,
the owner of vicious dog shall notify the animal regulation department
of the changed condition and new location of the dog in writing within
two working days. In addition, if the dog is moved to another jurisdiction,
the dog's owner is required to provide the animal control authorities
of the new jurisdiction with a copy of the administrative decision
or court order during the effective period of the decision or court
order. The owner of a dog determined to be vicious shall notify the
animal regulation department immediately if the dog is at large or
has committed an attack on any person, domestic animal or livestock.
(Ord. 504 § 2, 2022)
The owner of a dog determined to be a vicious dog in accordance with Section
6.32.060 may be prohibited by the animal regulation department from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after a hearing conducted under Section
6.32.050, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.
(Ord. 504 § 2, 2022)
The administrative hearing officer or judicial officer who heard
the petition to determine if a dog is potentially dangerous or vicious
may schedule follow-up hearing dates to ensure compliance with all
conditions imposed.
(Ord. 504 § 2, 2022)
The failure to comply with any condition ordered by the administrative
hearing officer or judicial officer is a misdemeanor punishable by
a fine not exceeding $1,000 or by imprisonment in the county jail
for a period not to exceed six months, or by both the fine and imprisonment.
(Ord. 504 § 2, 2022)
A violation of any part of any 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 does not limit the
authority or ability of the animal regulation department to take any
other action permitted by law.
(Ord. 504 § 2, 2022)