The ordinance codified in this chapter is enacted pursuant to
the authority of Article 11, Section 7 of the Constitution of the
state of California and California Food and Agricultural Code Section
31683, or any successor provision thereto, and is intended to provide
effective regulations and controls pertaining to dangerous and/or
vicious dogs within the city and to ensure prompt and adequate procedural
mechanisms to control the threat of dangerous and/or vicious dogs
to the health, safety and welfare of the community.
(Ord. 1835 § 10, 2008)
means that entity designated by the city council for purposes
of animal licensing, care, control, and regulation and shall include
any public or private agency providing animal control services pursuant
to contract or statute.
means the city of Upland and shall include all territory
within the incorporated limits of the city whether now existing or
as incorporated within or annexed thereto from time to time.
means a fence or structure suitable to prevent the entry
of young children, and which is suitable to confine a vicious dog
in conjunction with other measures which may be taken by the owner
or keeper of the dog. The enclosure shall be designed so as to prevent
the dog from escaping.
means the city manager of the city or his or her designee.
means taken into the custody of the animal services division.
means any of the following:
Any dog which, when unprovoked, on two separate occasions within
the prior 36-month period, engages in any behavior that requires defensive
action by any person to prevent bodily injury when the person and
the dog are not on the property of the owner or keeper of the dog;
Any dog which, when unprovoked, bites a person causing a less
severe injury than as described in this section;
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 to a domestic animal when not on
the property of the owner or keeper of the dog.
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.
means any of the following:
Any dog seized under Section 599aa of the California Penal Code,
or any successor provision thereto, and upon the sustaining of a conviction
of the owner or keeper under subdivision (a) of Section 597.5 of the
California Penal Code, or any successor provision thereto;
Any dog which, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a human being;
Any dog previously determined to be and which is currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of such determination, continues or repeats the behavior described in Section 6.08.020 of this chapter, inflicts severe injury on a human being or is maintained in violation of this chapter or in violation of any order(s) imposed after a hearing and determination pursuant to this chapter.
(Ord. 1835 § 10, 2008)
The provisions of this chapter shall not apply to any dog utilized
by any law enforcement department or any law enforcement officer in
the performance of police work.
(Ord. 1835 § 10, 2008)
If any animal services officer or any law enforcement officer
determines that there exists reasonable cause to believe that a dog
is potentially dangerous or vicious, the chief officer of the animal
services division, or his or her designee, or the head of the local
law enforcement agency, or his or her designee, may petition the hearing
officer for a hearing for purposes of determining whether or not the
dog in question should be declared potentially dangerous or vicious.
Any complaint received from a member of the public which serves as
the evidentiary basis for the animal services officer or law enforcement
officer to find reasonable cause shall be sworn to and verified by
the complainant under penalty of perjury and shall be attached to
the petition.
(Ord. 1835 § 10, 2008)
A.
If upon
investigation it is determined by the animal services officer or law
enforcement officer that reasonable cause exists to believe the dog
in question poses an immediate threat to public safety, then such
officer may seize and impound the dog pending a hearing to be held
pursuant to this chapter. The owner or keeper of the dog shall be
liable to the city for the costs and expenses of keeping the dog,
if the dog is later determined to be potentially dangerous or vicious.
B.
Whenever a dog has been impounded pursuant to subsection A of this section and it is not contrary to public safety, the chief animal services officer shall permit the animal to be confined, at the owner's or keeper's expense, in a kennel or veterinary facility approved by the animal services division.
C.
No dog
impounded pursuant to this section shall be released to the owner
or keeper thereof unless and until a final determination is made that
the dog is not potentially dangerous and/or vicious, or conditions
of release are fulfilled pursuant to this chapter.
(Ord. 1835 § 10, 2008; Ord. 1911 § 1, 2016)
Whenever a petition for the determination that a dog is potentially
dangerous or vicious has been filed with the hearing officer, the
chief officer of the animal services division shall notify the owner
or keeper of the dog that a hearing will be held before the hearing
officer at which time the owner or keeper may present evidence as
to why the dog should not be declared potentially dangerous or vicious.
The owner or keeper of the dog shall be served with notice of the
hearing and a copy of the petition, either personally or by first
class mail, return receipt requested. The notice of hearing shall
specify the date, time and place of the hearing to be conducted before
the hearing officer and shall advise the owner or keeper of the dog
of that person's opportunity to personally appear, or be represented
by counsel, and to present evidence in opposition to the petition.
The hearing shall be held not less than five nor more than 10 business
days after service of the notice of hearing.
(Ord. 1835 § 10, 2008)
A.
The
hearing on the petition to determine if a dog is potentially dangerous
or vicious shall be open to the public. The hearing officer may admit
into evidence all relevant and competent evidence, including incident
reports and the sworn affidavits of witnesses. In determining whether
a dog is or is not potentially dangerous or vicious, evidence of the
following shall be considered at said hearing:
1.
Any
previous history of the dog 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 exhibits any characteristics of being trained for fighting
or attack and other evidence tending to show such training;
7.
Whether
the dog exhibits characteristics of aggressive or unpredictable temperament
or behavior in the presence of human beings or other domestic animals;
8.
Whether
the dog can be effectively trained or retrained to change its temperament
or behavior;
9.
The
manner in which the dog has been maintained by its owner or keeper;
10.
Any other relevant evidence concerning the maintenance of the dog
by the owner or keeper;
11.
Any other relevant evidence regarding the ability of the owner or
keeper of the dog to prevent injuries to the public if the dog is
permitted to remain in the custody of the owner or keeper of the dog.
B.
The
hearing officer may find, upon a preponderance of the evidence, that
the dog is potentially dangerous or vicious and make such orders as
are authorized by this chapter.
(Ord. 1835 § 10, 2008)
The hearing officer may decide all issues for or against the
owner or keeper of the dog even if the owner or keeper fails to appear
at the hearing.
(Ord. 1835 § 10, 2008)
Based upon the evidence presented at the hearing, the hearing
officer shall determine whether or not the dog should be classified
as potentially dangerous or vicious. The hearing officer shall make
such written findings as are necessary to support the determination
as to whether the dog is potentially dangerous or vicious and may
make such orders as are deemed reasonably necessary, in accordance
with the provisions of this chapter, pertaining to the release, conditional
release, removal from the city or other disposition of the dog.
(Ord. 1835 § 10, 2008)
A.
At the conclusion of the hearing conducted pursuant to Section 6.08.070 of this chapter, the owner or keeper of the dog shall be notified, in writing, of the determination, findings and orders issued by the hearing officer, either personally or by first class mail, postage prepaid, return receipt requested. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with all conditions and orders of the hearing officer in accordance with the time schedule established by the hearing officer. No dog found to be potentially dangerous or vicious shall be released to the owner or keeper thereof until and unless the animal services division files with the hearing officer a determination that all of the terms and conditions of the order of release have been or will be complied with in a reasonable time.
B.
The
determination of the hearing officer shall be final unless the owner
or keeper of the dog, within five days of receipt of the notice of
determination, appeals the hearing officer's determination to the
superior court pursuant to Section 31622(a) of the Food and Agriculture
Code. The provisions of Sections 31622, 31623, and 31624 of the Food
and Agriculture Code, as may be amended from time to time, shall govern
the appeal. Pursuant to Section 31622(b), the superior court will
conduct a hearing de novo, without a jury, and make its own determination
as to potential danger and viciousness of the dog.
(Ord. 1835 § 10, 2008; Ord. 1911 § 2, 2016)
A.
If,
at the conclusion of the hearing, the hearing officer determines that
any of the following is true, then the hearing officer shall not declare
the dog potentially dangerous or vicious:
1.
If
any injury or damage was sustained by a person who, at the time of
the injury or damage was sustained, was committing a willful trespass
or other tort upon the premises occupied by the owner or keeper of
the dog or was committing or attempting to commit a crime upon the
premises;
2.
If
any injury or damage was sustained by a person who, at the time the
injury or damage was sustained, was teasing, tormenting, abusing or
assaulting the dog;
3.
If
the dog, at the time any injury or damage was sustained, was protecting
or defending a person within the immediate vicinity of the dog from
an attack, assault, battery, crime or attempt to commit an attack,
assault, battery or crime; or
4.
If
any injury or damage was sustained by a domestic animal which, at
the time the injury or damage was sustained, was teasing, tormenting,
abusing or assaulting the dog.
B.
No dog
may be declared potentially dangerous or vicious if the injury or
damage to a domestic animal was sustained while the dog was working
as a hunting dog, herding dog, or predator control dog on the property
of, or under the control of, its owner or keeper, and the damage or
injury was to a species or type of domestic animal appropriate to
the work of the dog.
(Ord. 1835 § 10, 2008)
If, at the conclusion of the hearing, the hearing officer determines
that the dog in question is a potentially dangerous or vicious dog,
the hearing officer may order the release of the dog to the owner
or keeper of the dog conditioned upon the owner or keeper agreeing
to any or all of the following requirements as the hearing officer
deems necessary to prevent any significant risk to public safety:
A.
While
on the property of the owner or keeper, the potentially dangerous
dog shall, at all times, be kept indoors or in an enclosure of the
type described in California Food and Agricultural Code Section 31605
and approved by the animal services division, and in compliance with
California Penal Code Section 597t;
B.
At all
times while the potentially dangerous dog is not on the premises of
the owner or keeper, the animal shall be securely muzzled and restrained
by a substantial leash, of appropriate length, and under the control
of a person 18 years of age or older, who is physically capable of
restraining the dog;
C.
The
owner or keeper of the dog shall provide and maintain financial responsibility
for injuries to the public by obtaining and showing proof of liability
insurance in a form and amount deemed acceptable by the hearing officer
in light of all circumstances;
D.
The
owner or keeper of the dog shall display, in a prominent place upon
the premises wherein the dog is kept or maintained, a sign easily
readable by the public using the words "BEWARE OF DOG" in letters
at least three inches in height;
E.
The
hearing officer may further order, as he or she deems necessary, that
the owner or keeper of a potentially dangerous dog may not possess
or keep on the premises any other dog unless and until the potentially
dangerous dog is removed therefrom;
F.
The
hearing officer may impose any other requirements deemed necessary
to prevent injuries to the public;
G.
If, at any time after a potentially dangerous or vicious dog has been conditionally released, the owner or keeper thereof fails to comply with each and every condition imposed thereon, the animal services division may seize and impound the dog in question, petition the hearing officer to conduct a hearing pursuant to the provisions of this chapter and order the removal or destruction of the dog, or such other order or determination as the hearing officer finds appropriate. Any order(s) made by the hearing officer hereunder shall be final, subject to appeal pursuant to the provisions of Section 6.08.100 of this chapter.
(Ord. 1835 § 10, 2008)
Any dog determined to be a potentially dangerous or vicious
dog shall be properly licensed and vaccinated, unless evidence is
presented that such licensing and vaccination has occurred and is
current. The animal services division shall include the designation
of "potentially dangerous" or "vicious," as the case may be, in the
registration records of the dog in question, either after the owner
or keeper of the dog has agreed to the designation or after the determination
by the hearing officer that such designation applies to the dog in
question. The animal services division may charge a reasonable fee
as set by resolution of the city council in addition to the regular
licensing fee to provide for the increased costs of maintaining the
records of any potentially dangerous or vicious dog.
(Ord. 1835 § 10, 2008)
If a dog determined to be a potentially dangerous or vicious
dog dies, or is sold, transferred or permanently removed from the
city, the owner or keeper of such potentially dangerous or vicious
dog shall notify the animal services division of the changed condition
and new location of the dog, in writing, within five business days
of the changed condition in question.
(Ord. 1835 § 10, 2008)
No owner or keeper of a potentially dangerous or vicious dog
shall transfer or remove the animal from the premises to any other
premises within the city (except solely for veterinary care) without
first notifying the animal services division, in writing, at least
five business days prior thereto and permitting the animal services
division to investigate and certify as to the adequacy of any enclosure
of any other control mechanisms for the animal at the new premises
within the city.
(Ord. 1835 § 10, 2008)
If there are no additional incidents of any of the types of behavior described in Section 6.08.020 of this chapter within a 36-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may be removed from the list of potentially dangerous dogs prior to the expiration of such 36-month period if the owner or keeper demonstrates to the animal control department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.
(Ord. 1835 § 10, 2008)
A.
If,
at the conclusion of the hearing, the hearing officer determines that
a dog is a vicious dog, the hearing officer may order the same to
be destroyed by the animal services division if the hearing officer
finds, based upon writ-ten findings, that the release of the dog would
create a significant threat to the public health, safety and welfare
or that the release of the dog would clearly constitute a danger to
domestic animals.
B.
If,
at the conclusion of the hearing, the hearing officer determines that
a vicious dog may be returned to its owner and not destroyed, the
hearing officer may impose such conditions upon the ownership or keeping
of the dog deemed necessary in order to protect the public health,
safety and welfare.
C.
Any
dog determined to be vicious which is conditionally released pursuant
to this chapter, shall be placed on the list of vicious dogs.
(Ord. 1835 § 10, 2008)
