"Dangerous animal"
is a dog, cat or other animal of sufficient size and/or temperament to cause substantial damage to property and/or injury to human beings and which has, in fact, caused damage to property and/or personal injury within the city limits.
"Potentially dangerous dog"
means any of the following:
1. 
Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the 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 as defined in Section 31604 of the Food and Agricultural Code.
3. 
Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-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.
"Vicious dog"
means any of the following:
1. 
Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code;
2. 
Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury (as defined in Section 31604 of the Food and Agricultural Code) on or kills a human being;
3. 
Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code, or in violation of any provision of this title;
4. 
Any dog that engages in or has been found to have been trained to engage in exhibitions of fighting;
5. 
Any animal (except a dog assisting a peace officer engaged in law enforcement duties) which has, on one or more occasions, committed any one or more of the following acts:
a. 
Physically attacked, mauled, or physically injured by biting any person, without provocation.
b. 
Physically attacked, mauled, or physically injured by biting any person, without provocation, when the owner thereof knows or should reasonably know that the animal poses a threat to public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commanded the animal to attack, maul, or physically injure any person.
c. 
Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained on private property not belonging to or under the control of the owner of the offending animal.
d. 
Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained or controlled upon public property.
(Ord. 84-07 (part), 1984; Ord. 94-10 § 1 (part), 1994; Ord. 03-02 Exh. A (part), 2003; Ord. 06-01 § 1 (part), 2006)
Upon determining that there is substantial evidence that an animal is vicious, dangerous or potentially dangerous, the pound master shall seize the animal and impound him in the city animal shelter or other appropriate containment facility.
The pound master shall give written notice to the owner that the animal has been seized, which notice shall be delivered in the manner specified in Section 6.04.060 (substituting the term "animal" for "dog" in said section). The notice shall inform the owner that an administrative hearing will be held no less than five working days nor more than ten working days after service of the notice upon the owner or keeper of the animal. The notice shall include the following information:
A. 
A description of the animal;
B. 
The date and circumstances of the property damage and/or person injury alleged to have occurred, or other facts tending to indicate the animal is dangerous, potentially dangerous or vicious;
C. 
A copy of any written report, police or otherwise, to be used in connection with the hearing, and where applicable, the verified complaint of a member of the public affected by the animal’s conduct;
D. 
A list of witnesses to be called at the hearing by the pound master;
E. 
Date of hearing;
F. 
The statement that "If the hearing officer decides that the animal is vicious, potentially dangerous or dangerous, it may direct the Pound Master to destroy the animal or make such other orders as may be authorized by Chapter 6.08 of the Kerman Municipal Ordinance."
(Ord. 84-07 (part), 1984; Ord. 03-02 Exh. A (part), 2003; Ord. 06-01 § 1 (part), 2006)
A. 
Hearing. The city manager or designee appointed as hearing officer shall conduct a hearing to determine whether or not a dog or other animal confined or impounded pursuant to Section 6.08.020 is a dangerous, potentially dangerous or vicious animal. The hearing shall be informally conducted and technical rules of evidence shall not apply, except that the hearing officer shall have discretion to exclude irrelevant and unduly repetitious evidence.
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 manager shall establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers.
If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued. The hearing officer may continue hearings, based on good cause, as established by one of the parties to the hearing.
B. 
Determination of Dangerous Animal — Evidence. In making a determination that a dog or other animal is or is not dangerous, evidence of the following shall be considered:
1. 
Any previous history of the dog or other animal attacking, biting or causing injury to a human;
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. 
Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
6. 
Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals, or whether the dog exhibits the behaviors described in the definition of a "potentially dangerous dog" or "vicious dog";
7. 
Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior;
8. 
The manner in which the dog or other animal had been maintained by its owner or custodian;
9. 
Any other relevant evidence concerning the maintenance of the dog or other animal;
10. 
Any other relevant evidence regarding the ability of the owner or custodian, or the pound master, to protect the public safety in the future if the dog or other animal is permitted to remain in the city.
C. 
Decision of Hearing Officer. The hearing officer after a hearing shall determine whether any dog or other animal, other than a dog used in law enforcement or a guide, signal or service dog, is a potentially dangerous, dangerous or vicious animal. The hearing officer shall determine the appropriate sanction or disposition of the animal pursuant to this section. The owner of a dog or other animal, which has been declared potentially dangerous, dangerous, or vicious shall reimburse the city for all costs associated with the hearing process.
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 mail with return receipt requested. The hearing officer shall make a written determination within fifteen days after the hearing is concluded, unless the animal has been impounded, in which case the determination shall be made in five working days. The decision of the hearing officer shall be final if not appealed pursuant to Section 6.08.050. A failure of the owner to receive notice by first class mail with return receipt requested shall not affect the validity of these proceedings.
The owner or custodian of the animal will be provided with notice of the appeal process outlined in Section 6.08.050, Appeals, and will be informed that they have a right to appeal should they disagree with the findings of the hearing.
D. 
Disposition of Vicious Animal.
1. 
It is unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the hearing officer, after a hearing, to be vicious.
2. 
Any dog or other animal declared by the hearing officer to be vicious, if not already impounded by the pound master, shall be immediately surrendered to the pound master, and it is the duty of the pound master to take up and impound any such dog or other animal.
3. 
Any dog or other animal declared to be a vicious animal shall be humanely destroyed. The hearing officer shall sign an order authorizing the destruction of the dog or other animal after the time for appeal as provided in Section 6.08.050 of this chapter has passed without an appeal being filed.
E. 
Restrictions on Dog or Other Animal Found Dangerous, Potentially Dangerous or Not Dangerous. If it is determined that the dog or other animal is dangerous, potentially dangerous or not dangerous, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the dog license or animal permit may:
1. 
Be revoked if it is determined that the owner or custodian is unable or unwilling to properly train, handle or maintain the dog or other animal and a similar incident is likely to occur in the future without proper training, handling or maintenance; or
2. 
Be reissued with reasonable terms, conditions or restrictions imposed for the training, handling or maintenance of the dog or other animal to protect the public health, safety and welfare if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance. The hearing officer shall consider whether to impose and may impose other restrictions, which may include, but shall not be limited to requiring that:
a. 
A 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. A potentially dangerous animal may be off the owner’s premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of a responsible adult who is capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner’s premises.
b. 
The dog must complete an obedience course and provide proof of completion of such course to animal control within sixty days after the release of the dog to its owner or custodian. The course will be paid for by the owner or custodian of the dog. The course shall be a course approved by animal control.
c. 
The dog must be spayed or neutered at the expense of the owner prior to the release of the dog to its owner or custodian.
d. 
The dog may be required to wear a bright fluorescent yellow collar visible at fifty feet in normal daylight, which will be provided by animal control at the owner’s expense.
e. 
The owner or custodian of the dog may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of three hundred thousand dollars per occurrence, and may be required to show proof of such insurance within thirty days after the court has made its determination.
f. 
The owner or custodian must notify the animal control officer in writing within three days if the location of the animal is to be permanently changed.
Prior to reissuance of the license, the owner of the dog or other animal shall show proof that the dog or other animal has successfully complied with the requirements imposed by the hearing officer and completed a training course with a qualified animal or dog obedience trainer. The pound master shall maintain a list of animal or dog obedience trainers, which, in the pound master’s discretion, are able and qualified to successfully train animals and dogs which have exhibited dangerous behavior. Upon request, the pound master shall make such list available to the owner of a dog or other animal affected by the provisions of this section.
F. 
Revoked License — Previously Impounded or Confined.
1. 
If a dog or other animal has been impounded or confined pursuant to Section 6.08.020, et seq., and its license or permit has been revoked pursuant to subsection (E)(1) of this section on a finding that the dog is potentially dangerous, and the owner or custodian wishes to reclaim and remove it from the custody of the pound master, the pound master shall release it provided the dog or other animal is taken to a location outside the city immediately and directly upon its release from impound or confinement. Failure to permanently remove the dog or other animal immediately and directly from the city upon release from impound or confinement is a misdemeanor.
2. 
Any dog or other animal which has previously been impounded or otherwise confined pursuant to Section 6.08.020, et seq., and which has not been claimed within five calendar days of service of a notice of revocation of its license or permit shall be deemed abandoned and shall be disposed of by the pound master in accordance with this chapter. Notwithstanding the above, the owner may enter into a written agreement with the pound master to take additional time to remove, or to cause the dog or other animal to be removed, to a new location outside the city. Such additional time shall not exceed ten days. For each additional day agreed to, the pound fees as established by the pound master shall be paid prior to the release of the dog or other animal.
G. 
Animal Identification. Any dog or other animal subject to this section must be identified by the pound master by the use of permanent marking prior to its release from impound or confinement. Permanent marking may be achieved by the insertion of a microchip, radio transmitter or other device, or the application of other appropriate markings or technology that will permit identification of the animal.
H. 
Limitation on New Licenses. Any person whose dog or other animal has been declared vicious or whose license or permit has been revoked under this section shall not own, possess, control or be in charge of any animal of the species declared to be vicious or whose license or permit has been revoked for a period of three years from the date of the action declaring the animal vicious or revoking the license or permit. The controller shall not issue or renew any license or permit for said species of animal, except that upon the written request of the person whose dog or other animal has been declared vicious or whose license or permit has been revoked, the pound master may on good cause shown authorize the issuance of a dog license.
I. 
Exceptions to Vicious Declaration.
1. 
No dog or other animal may be declared vicious, dangerous, or potentially dangerous that inflicts injury or damage on a person committing a willful trespass or other tort upon premises occupied by the owner or the dog or other animal, or teasing, tormenting, abusing or assaulting the dog or other animal, or committing or attempting to commit a crime.
2. 
No dog or other animal may be declared vicious, dangerous, or potentially dangerous if it inflicts injury or damage on a domestic animal that was teasing, tormenting, abusing or assaulting the dog or other animal.
3. 
No dog or other animal may be declared vicious, dangerous or potentially dangerous for taking any action to defend or protect a human being within the immediate vicinity of the dog or other animal from an unjustified attack or assault.
(Ord. 84-07 (part), 1984; Ord. 94-10 § 1 (part), 1994; Ord. 03-02 Exh. A (part), 2003; Ord. 06-01 § 1 (part), 2006)
Nothing in this chapter shall authorize the destruction of a dog who has bitten a trespasser; or a dog used in military or police work while performing its duty.
(Ord. 84-07 (part), 1984; Ord. 94-10 § 1(part), 1994; Ord. 03-02 Exh. A (part), 2003; Ord. 06-01 § 1 (part), 2006)
If the owner or keeper of the animal contests the determination, he or she may, within five days of the service of the notice of determination if service is by personal service, or within six days of service of the notice of determination if service is by mail, appeal the decision of the hearing officer to the superior court or other court having jurisdiction pursuant to the provisions of Food and Agricultural Code Section 31622 as it may be amended from time to time. The owner or keeper of the animal shall serve personally or by first class mail with return receipt requested notice of the appeal to the city. Any such appeal shall be a trial de novo. The determination of the court hearing the appeal shall be final and conclusive upon all parties.
(Ord. 06-01 § 1 (part), 2006)
Any person keeping, harboring, maintaining, or owning a potentially dangerous dog, vicious dog, dangerous animal, vicious animal, or wild animal that escapes from its confinement shall immediately notify the animal control manager within one business day of such escape. Notification shall first be by phone and shall be followed with written notification which includes the following information, as known:
A. 
The date, place, and time of the animal’s escape;
B. 
A description of the animal and its condition at the time of escape; and
C. 
The name, address, and residential and occupational telephone numbers of the owner of the animal.
(Ord. 06-01 § 1 (part), 2006)