Chapter 7.32
POTENTIALLY DANGEROUS AND VICIOUS DOGS
Sections:
7.32.020 Summary seizure of dogs and post – Seizure hearing.
7.32.060 Potentially dangerous and vicious dogs.
7.32.020 Summary seizure of dogs and post – Seizure hearing.
A. The animal control officer may seize and impound any dog that the animal control officer reasonably believes is potentially dangerous or vicious. Upon the seizure and impoundment of said dog, the animal control officer shall provide a notice of impoundment to or post a notice of such impoundment on the front door of the residence of the owner or person in possession, custody or control of the dog. The notice shall state the following: that the dog has been impounded as a potentially dangerous or vicious dog, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding possible release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner.
B. If the owner wishes to challenge the impoundment, the owner shall personally deliver or mail a written request for a hearing, such that it is received by the director within seventy-two hours of the seizure and impoundment.
C. The director shall promptly set the time and place for the hearing and shall cause notice of such hearing to be deposited in the mail to the party requesting a hearing at least five days before the date of the hearing. Said hearing may be conducted concurrently with the hearing required in Section 7.32.060.
D. The hearing shall be conducted as set forth in Section 7.32.040. (Ord. 788 § 1(part), 2006).
7.32.040 Appeal hearing.
At the appeal hearing, the owner and the animal control officer may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence do not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of their affairs. The decision of the director shall be supported substantial evidence and shall be final. The owner shall be given written notice of the decision within fifteen days of the hearing. The director shall order the dog released without conditions, released with conditions. Any release conditions imposed by the director shall be solely in the interest of protecting public health, safety and property and may include the obligation to inform, along with animal control, any city, county, postal, service utility company, employee, meter reader, and anyone else that comes on the property with implied consent or peaceably and lawfully of the animal’s potential dangerousness. (Ord. 788 § 1(part), 2006).
7.32.060 Potentially dangerous and vicious dogs.
A. Except as otherwise provided under the provisions of subsections B through E of this section, the provisions of Chapter 9, Articles 1 through 5, Sections 31601 through 31683 and any amendments thereto exclusive of Sections 31602, 31603, 31606 and 31644 of the Food and Agricultural Code are adopted and incorporated by reference herein.
B. If the animal control officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious as defined by this title, a hearing shall be conducted in the following manner to determine whether a dog shall be declared potentially dangerous or vicious, and if determined vicious, whether said dog shall be destroyed:
1. The animal control officer shall prepare a petition specifying the basis as to why the dog is potentially dangerous or vicious. All complaints received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.
2. The director shall conduct a hearing on whether a dog shall be declared potentially dangerous, vicious or if other sanctions shall apply pursuant to this section.
3. The animal control officer or his/her designee shall provide written notice to the owner of the potentially dangerous or vicious dog identifying the specific behavior of the dog alleged in the petition and the date upon which a hearing will be held to consider the petition. The hearing shall be held within the time limits set forth by California Food and Agriculture Code Section 31621 or any amendments thereto. The notice shall advise the owner of the consequences of a finding of potentially dangerous or vicious.
4. The hearing shall be open to the public. The director may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery and may shorten the time to produce records or witnesses. A jury will not be available.
5. The director may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this section or California Food and Agriculture Code, Division 14, Chapter 9.
6. Where the owner’s address of any animal is unknown, notice of the hearing shall be given by posting the same at Cotati City Hall and by publication in a newspaper of general circulation. Notice shall then be deemed given on publication of the notice.
7. A hearing may be continued if the director deems it necessary and proper or upon a showing of good cause.
8. Complaint(s) from the public shall serve as an evidentiary basis for the animal control officer to prepare a petition. At least one of the complainants must appear and testify at the hearing or the complaint shall be dismissed.
9. If the owner fails to appear at the hearing, the hearing shall nevertheless proceed and an appropriate order shall be issued.
10. The director shall consider all relevant responsible evidence without regard to the formal rules of evidence, including circumstances of mitigation, and the record of any prior violations by the owner or dog.
11. All witnesses shall testify under oath or affirmation. The director or his/her designee shall administer the oath. The director may, when appropriate, request the production of oral or documentary evidence which is reasonably necessary and relevant to conduct a hearing. All proceedings shall be tape-recorded.
12. The director shall issue a written determination based upon a preponderance of the evidence, which shall be mailed to the owner within seven days after the hearing is completed.
13. If a dog is found to be potentially dangerous or vicious by a preponderance of the evidence, the dog shall be so designated on the records of the animal control officer. Such a designation shall be considered in future determinations involving the dog and/or owner.
14. The owner of a dog for which a potentially dangerous or vicious dog petition has been issued may irrevocably waive his/her right to a hearing and any further appeal under this section. The animal control officer or his/her designee shall mail a waiver form to the dog owner. The waiver must be signed by the dog owner and received by the animal control officer or his/her designee within thirty days from the date of agreement to waive or a hearing will be scheduled.
C. Obligations for Owners of Dogs Found Potentially Dangerous.
1. The owner of a potentially dangerous dog shall, in addition to the regular licensing fee, pay an annual fee as may be established by separate resolution of the city council of the city of Cotati for the increased costs of maintaining the records of the dog.
2. Within thirty days of the determination that a dog is potentially dangerous, the owner of the dog shall provide proof of sterilization of the dog to the animal control officer.
3. All dogs found potentially dangerous shall be maintained under the immediate control of a responsible adult by a substantial leash appropriate for the size of the dog and no more than six feet in length when off of the property of the owner of the dog.
4. While on the property of the owner of the dog, dogs found potentially dangerous shall be contained inside the dwelling and/or securely locked in a fenced yard from which the dog cannot escape and children or unauthorized persons cannot enter.
5. The director may require that the dog’s owner prove financial responsibility by the posting of a bond or proof of insurance in the minimum amount of one hundred thousand dollars.
6. Any dog found potentially dangerous which has no additional violations of any of the provisions of this title, within a thirty-six month period from the date of designation as potentially dangerous, shall be removed from the list of potentially dangerous dogs by the director. The dog may be, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the thirty-six month period if the owner of the dog demonstrates to the director that changes in circumstances or measures taken by the owner, such as training of the dog, have mitigated the risk to public safety.
D. Obligations for the Owner of Dogs Found Vicious but not Subject to Destruction.
1. The owner of a dog determined to be a vicious dog but not subject to destruction shall, in addition to the regular licensing fee, pay an annual fee as may be established by separate resolution of the city council of the city of Cotati to provide for the increased cost of maintaining the records of the dog.
2. The owner of a dog determined vicious shall, at his/her own expense, have the dog permanently identified with a microchip. The owner shall provide proof satisfactory to the animal control officer within thirty days of the vicious determination.
3. The owner of a dog determined to be vicious shall, within ten days of such determination, and upon request by the animal control officer, present said dog to the animal control officer to allow photographs to be taken for purposes of identification.
4. Within thirty days of vicious dog determination, the owner shall provide proof to the animal control officer that the dog is contained in a secure and humane enclosure on the owner’s property. The pen or structure shall be constructed with sufficiently strong materials and shall have a top that is secured to the floor and sides of the enclosure. All structures used for confinement of such dogs must be locked with a key or combination lock of sufficient strength to insure confinement of said dogs and suitable to prevent the entry of children or unauthorized persons. Such structures must be erected upon a secure bottom or floor constructed of concrete or other materials sufficient to prevent the dog from digging free and shall be constructed in such a manner that the dog cannot jump, climb or otherwise escape. Sides of the structure shall be imbedded not less than two feet into the ground behind a solid fence not less than six feet in height. The secure enclosure must be located so as not to interfere with the public’s legal access to the owner’s property.
5. A dog determined vicious may be permitted off the premises of the owner only when it is securely muzzled, and is leashed on a leash not to exceed three feet in length and under the control of a person eighteen years of age or older, and who is physically capable of restraining the dog. Said leash must be capable of restraining four times the weight of the dog. The leash must be attached to an escape-proof commercial quality walking harness which fastens securely across the shoulders and mid-chest encompassing the rib area and upper abdomen of the dog. No collar of any type or material will be sufficient to satisfy the above requirements.
6. Dogs determined to be vicious dogs shall not be leashed or tethered at any time to inanimate objects such as trees, posts, or buildings.
7. The muzzling device must be constructed so that it is impossible for the dog to remove it without human assistance.
8. Transportation of dogs determined to be vicious which are not muzzled and leashed as provided above shall only be in locked animal carriers equivalent in construction quality to those used by commercial air carriers.
9. No dog determined to be vicious shall be left unconfined nor unattended in or about any motor vehicle.
10. Dogs determined to be vicious which are enclosed in a house, apartment, building or similar structure shall be allowed only where the windows and doors of said structure are secured to prevent such dog from exiting without the assistance of the owner or person in possession, custody or control of such dog.
11. The director shall require that the owner of a dog declared vicious prove financial responsibility including posting a bond or certificate of insurance in the amount not less than two hundred fifty thousand dollars.
12. A person owning or having charge of a dog classified vicious shall post warning signs on the property where the dog is kept. Said signs shall be posted at each entrance to the property and shall be a legible sign at least twelve inches square, warning persons that a dog declared vicious is present on the property. The sign shall be capable of being understood by a child.
13. Within thirty days of the determination that a dog is vicious, the owner of the dog shall provide proof of sterilization of the dog to the animal control officer.
14. The owner of a dog determined vicious, who has no additional violations of any of the provisions of this title, after a thirty-six month period from the date of designation as vicious, may apply to the director to remove the animal from the list of vicious animals. The director shall have the discretion to remove the animal from the list of vicious animals upon proof of the successful completion of at least eight weeks of formal obedience training, other similar evidence of training, or other rehabilitative efforts designed to mitigate the risk to public safety.
E. In addition to the provisions set forth above, the director shall have the authority to impose any of the regulatory actions authorized under the Food and Agricultural Code and this subsection. To the extent justified by the circumstances, the director shall have the authority to impose additional reasonable regulatory restrictions that protect public health and safety, and may include, but not be limited to the following:
1. Destruction of the dog;
2. Loss of the right to maintain a dog determined potentially dangerous or vicious or similar dogs identified by the hearing officer;
3. Any measures, not otherwise identified hereinabove to reduce the risk of harm to human or animal life and safety and or to prevent property loss. (Ord. 788 § 1(part), 2006).
7.32.080 Violation – Penalty.
A. Unless otherwise provided, any violation of this chapter shall constitute a misdemeanor.
B. For purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged.
C. In addition to any other relief, any reasonable costs incurred by the city in seizing, impounding and for confining any potentially dangerous or vicious dog shall be a charge against the owner. Such charge shall be in addition to any fine or penalty provided for violations of this chapter or any other provision of this title. (Ord. 788 § 1(part), 2006).