This chapter is intended to reduce the risk of attacks or bites by dogs and other animals.
(Prior code § 91.045)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
The following circumstances shall be deemed to be "mitigations." Mitigation shall be a factor in consideration of whether an animal is potentially dangerous, dangerous, or vicious but will be weighed with other circumstances in the making of that determination, including, but not limited to, circumstances such as, the nature of the trespass, the age of the trespasser, and the training of the animal in the use of deadly force. Mitigation shall not be considered if the animal has been trained to attack in a manner which will violate any other provision of law.
when he or she is on such property in the performance of any duty imposed upon him or her by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied.
means that a potentially dangerous or dangerous animal shall be securely and humanely confined on the owner's property:
Within a fence line or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous animal in conjunction with other measures which shall be taken by the owner or keeper of the animal, such as keeping the animal held securely on a chain. The enclosure shall be designed in order to prevent the animal from escaping; or
In an enclosed and locked (with a key or combination lock) pen or structure, suitable to prevent the animal from escaping or the entry of unauthorized persons. The pen or structure shall have secure sides and a secure top which protects the animal from the elements. All sides must be embedded into the ground no less than two feet unless the bottom is adequately secured to the sides. The structure must be kept in a clean and sanitary condition and provide adequate light and ventilation. The enclosure shall be not less than five feet by 10 feet, and not less than six feet high.
means any physical injury to a human being or other animal that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
means that the person who has suffered the injury has not caused nor been a party to any act of teasing, tormenting, abusing or assaulting the animal, which act of teasing, tormenting, abusing or assaulting resulted in the animal inflicting injury on that person.
(Prior code § 91.046)
A.
Whenever an animal suspected of being potentially dangerous, dangerous or vicious is reported, the animal control officer shall investigate the circumstances and if he or she finds that the animal shows a propensity to attack, bite, scratch, or harass people or other animals without provocation, or displays any other such behavior, he or she shall notify the owner in writing, stating all the facts and circumstances. The animal control officer may order that the animal be kept within a substantial enclosure, securely leashed or otherwise controlled.
B.
If the animal control officer has probable cause to believe a dog may be designated as "potentially dangerous," "dangerous" or "vicious" under this title, the owner is unwilling or unable to properly contain and/or control the animal immediately, and the animal poses an immediate threat to the safety of persons or domestic animals, the animal can be seized, pending the outcome of hearing or appeal; or during the period of time the owner requires to comply with any requirements imposed hereunder, the animal shall be kept at the animal shelter facility at the owner's expense.
C.
The animal's owner shall be charged for all costs incurred or fees applicable with respect to such impoundment unless a finding is made that the animal is not potentially dangerous, dangerous or vicious, or not subject to destruction. An animal held under the provisions of this section shall not be released until the owner pays all charges as specified in Sections 6.20.010 through 6.20.170. If the owner refuses to pay such charges, the animal shall be treated as unredeemed by the owner, and disposed of pursuant to Chapter 6.16. Disposal of the animal does not release the owner from his or her responsibility to pay the keeping charges.
(Prior code § 91.047)
A.
Any animal, except a dog assisting a peace officer engaged in law enforcement duties, is a potentially dangerous animal if, on three separate occasions within a 12 month period, has been observed uncontrolled and, off its owner's or custodian's premises by the animal control officer or any peace officer or which has been properly impounded three times within a 12 month period by the animal control officer.
B.
The animal control officer may issue a notice designating an animal exhibiting the aforementioned characteristics as potentially dangerous and may recommend that the animal's owner take certain actions to prevent future injury by the animal, notwithstanding exceptions as provided for in Section 31626 of the Food and Agriculture Code. Such designation shall be subject to a hearing as provided for in Section 6.20.080.
(Prior code § 91.048)
A.
Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is rebuttably presumed dangerous:
1.
Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 6.20.040, or is maintained in violation of Section 6.20.080(C);
2.
Any animal that chases or approaches any person or domestic animal, anywhere other than on the property of the owner or custodian, in a menacing fashion or apparent attitude of attack, including, but not limited to, behavior such as growling or snarling;
3.
Any animal which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or keeper of the animal;
4.
Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in Section 6.20.020;
5.
Any animal which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking any other animal off the property of the owner or keeper of the animal.
B.
The animal control officer may issue a notice designating an animal exhibiting the aforementioned characteristics as potentially dangerous and may recommend that the animal's owner take certain actions to prevent future injury by the animal, notwithstanding exceptions as provided for in Section 31626 of the Food and Agriculture Code. Such designation shall be subject to a hearing as provided for in Section 6.20.080.
(Prior code § 91.049)
Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is rebuttably presumed dangerous:
A.
Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being, in a place where such person is conducting himself or herself peacefully and lawfully;
B.
An animal which has been trained to fight or which is owned or harbored for this purpose;
(Prior code § 91.050)
After the notice and hearing provided for in Section 6.20.080, the animal control department may further find, in writing with supporting reasons, that an animal is so vicious, or that other special circumstances exist, such that maintaining the animal poses a substantial threat to public health and safety. Ten days after mailing notice of a finding under this section, the animal control department may dispose of any vicious animal by humanely destroying it by injection.
(Prior code § 91.051)
A.
B.
Hearings for classification as "potentially dangerous," "dangerous," or "vicious" shall be conducted as follows:
1.
The owner shall be given written notice, by first-class mail with return receipt requested, or personal service, of the facts which are the basis of the complaint and notice of a hearing. The owner shall be notified of the restrictions which will apply to the animal if it is classified as a potentially dangerous, dangerous or vicious animal.
2.
The owner may waive his or her right to a hearing by filing a written waiver with the animal control department, whereupon the animal control department shall make the findings and apply the sanctions provided in this title.
3.
Any hearing shall be set not less than five working days nor more than 10 working days after the notice was mailed to the owner by first-class return receipt mail or the owner was personally served, unless the animal has been seized, in which case the hearing must be conducted not later than 10 days after the seizure.
4.
If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.
5.
The public hearing shall be conducted before a hearing officer. The appointment of the hearing officer shall be by the city attorney. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified in a court of law. The city attorney shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the city of Lathrop as hearing officers and for the disqualification of hearing officers.
6.
The hearing officer may continue hearings, based on good cause, as established by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.
7.
The hearing officer shall consider all relevant evidence presented at the hearing. The formal rules of evidence shall not apply. The hearing officer shall also consider circumstances of mitigation, as well as the owner's and animal's history. If the hearing is held as a result of a sworn complaint, at least one of the complainants shall appear and testify at the hearing or the complaint shall be dismissed.
8.
After the hearing, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first-class return receipt mail. The hearing officer shall make a written determination within 15 days after the hearing is concluded, unless the animal has been seized, in which case the determination shall be made in seven days. The decision of the hearing officer shall be final.
9.
If the owner or keeper of the animal contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision of the hearing officer to the municipal court within the jurisdiction. The owner or keeper of the animal shall serve personally or by first-class return receipt mail, notice of the appeal to the city. Any such appeal shall be by trial de novo.
10.
The determination of the court hearing the appeal shall be final and conclusive upon all parties.
C.
If an animal is determined to be vicious, the animal shall be immediately removed from corporate limits of the city. If an animal is designated "potentially dangerous" or "dangerous," the following sanctions shall be applied:
1.
The owner of such animal shall immediately keep such animal in a run which is totally enclosed or held securely on a chain, or kept under other adequate control as approved by the animal control officer. If any of these means of restraint is impossible or impracticable, such animal shall be impounded in the animal shelter facility at the owner's expense, until such time as the owner of such animal shall provide for the restraint of the animal either in a run which is totally enclosed or held securely on a chain or kept under other adequate control as approved by the animal control officer.
2.
A potentially dangerous or dangerous animal shall be securely confined in an enclosure as described in Section 6.20.020 or in the dwelling while on the owner's or custodian's property. The owner shall conspicuously display signs with a symbol warning of the presence of a potentially dangerous animal.
3.
While off the owner's premises, a potentially dangerous animal shall at all times be restrained by a substantial chain or leash not exceeding six feet in length, held by and under the control of a responsible adult.
4.
All potentially dangerous or dangerous animals shall be properly licensed and vaccinated. In addition, the city shall include a designation of potentially dangerous in the registration records of such animal, and the owner shall pay an annual potentially dangerous animal registration/permit fee, in addition to the regular license fee. The fee shall be established from time to time by resolution of council.
5.
A dangerous dog shall be spayed or neutered, at the owner's expense, within 30 days of a potentially dangerous animal determination.
Inspections. The animal control officer and/or designee is authorized to make whatever inspections he or she deems necessary to ensure compliance with these provisions.
7.
A permit application to keep a potentially dangerous or dangerous animal must be filed within 10 working days of notification of determination.
(Prior code § 91.052)
Upon receipt of a permit application to keep a potentially dangerous or dangerous animal, the animal control officer may investigate the application and after permit fees have been paid, may grant a city permit if in his or her discretion, he or she finds the following conditions are satisfied:
B.
The animal will not create any detriment or danger to the peace, health or safety of the people in the vicinity of the location the animal will be kept;
C.
Possession and maintenance of the animal at the location has not resulted in and is not likely to result in the animal being subjected to neglect, suffering, cruelty or abuse;
D.
The location where the animal is possessed or maintained is kept clean and sanitary, and the animal is provided with proper and adequate food, water, ventilation, shelter and care at all times;
E.
Neither the applicant, owners nor the possessor of the animal has had a city potentially dangerous or dangerous animal permit or any other license required under this title revoked, or been convicted of a violation of this title or any law regulating animals within three years;
F.
Possession of the animal at the location specified shall not violate any law, chapter or regulation;
G.
The animal shall not be possessed nor maintained at any other location than that expressed on the permit.
(Prior code § 91.053)
In the event that within 10 days after mailing notice that an animal is declared to be a potentially dangerous or dangerous animal, an application for a potentially dangerous or dangerous animal permit is not received or approved, and 10 days after mailing notice that a potentially dangerous or dangerous animal permit has been denied or revoked, the animal control officer may dispose of any dangerous animal by humanely destroying it by injection. A potentially dangerous animal shall be subject to declaration as a dangerous animal consistent with the provisions of this title.
(Prior code § 91.054)
All requirements for owners of potentially dangerous or dangerous animals must be satisfied within 30 days, unless otherwise specified, of the issuance of the permit. Satisfactory proof of compliance must be provided to the animal control department. If all requirements for owners of dangerous animals are not satisfied within 30 days of the permit issuance, or the owner is unable or unwilling to implement them, the animal shall be humanely euthanized either by the animal control officer or by a licensed veterinarian. Proof of euthanasia shall be provided to the animal control officer within three days of its occurrence.
(Prior code § 91.055)
Even if the owner is in compliance with the regulations for keeping such a potentially dangerous or dangerous animal, if such animal attacks, bites, causes injury, or otherwise threatens the safety of a human being or domestic animal, then such animal shall be immediately impounded at the animal shelter and be subject to destruction.
(Prior code § 91.056)
If upon receiving written notification the owner fails to restrain or control a potentially dangerous or dangerous animal, as ordered, the owner is in violation of this title and the animal control officer is empowered to seize and impound or destroy the animal.
(Prior code § 91.057)
Failure of any owner to comply with the provisions of this chapter relating to the keeping, harboring, owning, possessing or controlling of any potentially dangerous, dangerous, or vicious animals, shall constitute a misdemeanor.
(Prior code § 91.058)
Nothing in this chapter shall limit the right of any person or officer to take any proceedings against a potentially dangerous, dangerous, or vicious animal or the owner thereof otherwise permitted or provided by state law.
(Prior code § 91.059)
A.
Any person who owns, possesses, keeps or harbors an animal determined to be dangerous or vicious pursuant to this title may, after opportunity for hearing and a finding of good cause by the animal control officer, be subject to restrictions on the ownership of other animals of the species for a period of five years after the original determination of danger.
B.
At least 15 days prior to imposition of restrictions, the animal control officer shall mail or otherwise deliver to the person on whom restrictions are proposed a notice containing a statement of the reasons supporting the imposition of restrictions and specifying the proposed restrictions and notice of the person's right to request, in writing within five days of receipt of the notice, a hearing before the hearing officer as to the existence of good cause for imposition of restrictions. If a hearing is requested, the city shall mail or otherwise deliver to the requesting party notice of the time and place of the hearing. If, after the hearing, the hearing officer determines that good cause for restrictions exists, he or she shall impose the specific restrictions within 10 days after mailing notice of the decision. If no hearing is requested, the animal control officer shall impose restrictions within 15 days of the original notice.
(Prior code § 91.060)
If there are no additional instances of the behavior described in Sections 6.20.040 or 6.20.050 within a 36 month period from the date of designation as a potentially dangerous or dangerous animal, the animal shall be removed from the list of potentially dangerous or dangerous animals.
(Prior code § 91.061)
A.
The owner of a potentially dangerous or dangerous animal shall notify the animal control department immediately if said animal is loose, unconfined, has attacked another animal or human being, or has died.
B.
A potentially dangerous or dangerous animal shall not be sold, bartered, given away, or placed in a new home without prior notification of and approval by the animal control department. Any new owner must comply with the requirements of this section. If the animal in question dies, or is sold, transferred or permanently removed from the city where the owner or keeper resides, the owner of the potentially dangerous or dangerous animal shall notify the animal control department of the changed condition and new location of the animal in writing within two working days.
(Prior code § 91.062)