A. 
If the poundmaster has investigated and determined that there exists reasonable cause to believe that a dog may be a potentially dangerous dog or a vicious dog, the poundmaster shall initiate a proceeding to determine whether or not the dog in question should be declared potentially dangerous or vicious.
B. 
A proceeding to determine that a dog is potentially dangerous or vicious shall begin by the pound-master filing a petition with the city clerk setting forth his/her determination and the basis therefor. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the poundmaster’s determination shall be sworn to and verified by the complainant and shall be attached to the petition, but the petition may proceed without such complaint.
C. 
The city clerk shall notify the owner or keeper of the dog that a hearing will be held by the city at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The notice shall also contain the date, time, and place of the hearing and include a copy of the petition. The notice shall be served either personally or by first class mail with return receipt requested. The hearing shall be scheduled within thirty days of the date of the notice, but may be continued from said date with the consent of owner or keeper of the dog.
D. 
The hearing shall be held before a hearing officer assigned by the city clerk. The hearing officer may be a city officer or employee, including but not limited to the city clerk, or may be a person not affiliated with the city; provided, however, that the hearing officer shall not be the poundmaster or any person who reports to or is supervised by the poundmaster.
E. 
The hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses. The hearing need not be open to the public. The hearing officer may render a decision notwithstanding the failure of the owner or keeper of the dog to appear at the hearing. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious.
(Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)
A. 
Upon finding that a dog is potentially dangerous, the hearing officer shall order the owner to comply with the following requirements and shall establish the time for such compliance:
1. 
The potentially dangerous dog, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. If the potentially dangerous dog has been impounded pursuant to PVEMC § 6.12.040, the yard must be inspected and approved in writing by the poundmaster prior to the dog’s release to its owner.
2. 
The potentially dangerous dog may be off the owner’s premises only if it is restrained by a heavy-duty leather or nylon strap leash, of no more than six feet in length, and if it is under the control of an adult person who is able to physically handle and safely control the dog.
3. 
The potentially dangerous dog shall be properly licensed and vaccinated. The “potentially dangerous” designation shall be included in the licensing records for the dog.
4. 
The potentially dangerous dog shall be implanted with an identifying microchip. The owner or keeper of the dog shall provide the microchip number to the poundmaster and shall notify the national registry applicable to the implanted chip of a change of ownership of the dog or a change of address or telephone number of the owner.
5. 
The owner or keeper of the dog shall notify the city immediately in the event the dog is at large or has committed an attack on any person or animal, has been sold or otherwise disposed of, or has died.
6. 
The dog must complete an obedience course at the owner’s expense within sixty days after its release to its owner or keeper. The course must be approved in advance by the poundmaster.
7. 
If the dog has not been spayed or neutered, it must be spayed or neutered at the expense of the owner or keeper.
B. 
Upon finding that a dog is vicious, the hearing officer may make either of the following order(s) and shall establish the time for compliance therewith:
1. 
The vicious dog may be destroyed if the hearing officer determines that release of the dog would create a significant threat to the public health, safety or welfare; or
2. 
If it is determined that the dog shall not be destroyed, the hearing officer shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare. Such conditions shall include all of the following:
a. 
The vicious dog, while on the owner’s property, shall, at all times, be kept indoors, or in an enclosure which is enclosed on all sides and which is locked by a padlock. The enclosure must be inspected and approved by the poundmaster.
b. 
The vicious dog may be off the owner’s premises only if it is muzzled and restrained by a substantial leash, of not more than six feet in length, and if it is under the control of a responsible adult.
c. 
The owner of the dog shall post a sign on the premises in a location approved by the pound-master which is visible from the public right-of-way stating that a vicious dog resides on the property.
d. 
The owner of the dog shall give written notice of the vicious dog determination to the local branch of the United States Post Office, to all utility companies and the solid waste collection company which service the premises where the vicious dog is housed, and to all regular service people (e.g., house-keepers, gardeners) who work on the premises where the dog is housed. Copies of the notices shall be filed with the poundmaster.
e. 
The vicious dog shall be implanted with an identifying microchip. The owner or keeper of the dog shall provide the microchip number to the poundmaster and shall notify the national registry applicable to the implanted chip of a change of ownership of the dog or a change of address or telephone number of the owner.
f. 
The owner or keeper of the dog shall notify the poundmaster immediately in the event the dog is at large or has committed an attack on any person or animal, has been sold or otherwise disposed of, or has died.
g. 
The dog must complete an obedience course at the owner’s expense within sixty days after its release to its owner or keeper. The course must be approved in advance by the poundmaster.
h. 
The vicious dog shall be properly licensed and vaccinated. The “vicious” designation shall be included in the licensing records for the dog. If the dog has not been spayed or neutered, it must be spayed or neutered at the expense of the owner or keeper.
C. 
The hearing officer may make such additional orders as the hearing officer determines are necessary to assure that the public health, safety and welfare are maintained, including but not limited to requiring the dog to wear an identifying collar or other item which states the dog’s designation as potentially dangerous or vicious, and requiring the owner or keeper of the dog to maintain general liability insurance specifically covering property damage and bodily injury caused by the dog.
(Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)
A. 
The owner or keeper of a dog which is determined to be potentially dangerous or vicious shall be notified in writing of the determination and orders issued, either personally or by first class mail postage prepaid by the city.
B. 
The owner or keeper of the dog which has been so determined to be potentially dangerous or vicious may appeal the determination of the hearing officer to the superior court within the time permitted by, and pursuant to the procedures set forth in, Cal. Food & Agr. Code § 31622.
(Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)
A. 
If upon investigation the poundmaster determines that probable cause exists to believe a dog poses an immediate threat to public health or safety, then the poundmaster may seize and impound the dog pending the hearings to be held pursuant to this chapter. Probable cause of an immediate threat to public health or safety shall be deemed to exist if the poundmaster has reasonable information to believe that a dog has attacked another dog or a person, whether or not the dog was loose or on a lead when such attack occurred.
B. 
The poundmaster shall notify the owner of the dog, if such owner is known, within forty-eight hours, excluding weekends and holidays, after impounding such dog that the dog has been impounded and that the poundmaster intends to begin a proceeding to determine that the dog is a potentially dangerous dog or a vicious dog. The notice shall include all of the following:
1. 
The name, business address, and telephone number of the person providing the notice.
2. 
A description of the animal seized, including any identification upon the animal.
3. 
The authority and purpose for the impoundment, including the time, place, and circumstances under which the animal was seized.
4. 
A statement that, in order to receive an immediate post-seizure hearing, the owner or person authorized to keep the animal shall request such hearing by signing and returning an enclosed declaration of ownership or right to keep the animal, by personal delivery, to the city within five days, excluding weekends and holidays, of the date of the notice.
5. 
A statement that the cost of caring for and treating any animal properly seized under this section is an obligation of the owner and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.
C. 
A post-seizure hearing shall be conducted within forty-eight hours of receipt of the request therefor, excluding weekends and holidays. The poundmaster may authorize any person, whether or not a city officer or employee, to conduct the hearing; provided, however, that the hearing officer shall not be the same person who directed the impoundment of the dog nor any person who is supervised by such person.
D. 
The sole purpose of a post-seizure hearing under this section shall be to determine if the dog must remain impounded pending the hearing on the petition to determine whether it is a potentially dangerous or vicious dog. The hearing may be informal and the rules of evidence shall not apply. If the hearing officer determines by a preponderance of the evidence that the dog poses an immediate danger to the public health or safety, the dog shall remain impounded.
E. 
Failure of the owner or keeper of the dog to request or to attend a scheduled post-seizure hearing shall result in a forfeiture of any right to a post-seizure hearing or right to challenge his or her liability for costs incurred.
F. 
The city shall be responsible for the costs incurred for caring for a dog impounded under this section if it is determined in the post-seizure hearing that the poundmaster did not have reasonable grounds to believe prompt seizure of the animal was required to protect the public health or safety. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the city for the cost of the seizure and care of the dog. In addition, the charges for the seizure and care of the dog shall be a lien on the dog, and the dog shall not be returned to its owner until the charges are paid.
G. 
If the poundmaster has impounded a dog under this section, he or she shall file the petition required by PVEMC § 6.12.010 to start the process of status determination within five business days after the impoundment has occurred.
H. 
When a dog has been impounded pursuant to subsection A of this section and it is not contrary to public safety, the poundmaster shall permit the animal to be confined at the owner’s expense in a city-approved kennel or veterinary facility.
(Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)
A. 
No dog may be declared potentially dangerous or vicious as the result of an injury or damage sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.
B. 
No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
C. 
No dog may be declared potentially dangerous or vicious as the result of an injury or damage sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.
D. 
No dog may be declared potentially dangerous or vicious as the result of injury or damage to a domestic animal which 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, provided the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.
(Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)