CHAPTER 9.24
DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS
9.24.010 Authority and purpose.
A. Authority. Pursuant to Food and Agricultural Code §31683 and its general police powers, the city adopts this chapter regulating dangerous and potentially dangerous animals.
B. Purpose. The keeping of an animal defined as dangerous or potentially dangerous under this chapter shall be declared a public nuisance and shall be abated in accordance with the provisions of this chapter. The procedure for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other ordinances or abating
public nuisances in any other manner provided by law. Furthermore, this chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is dangerous.
(Ord. 2185 NCS §2 (part), 2004.)
9.24.020 Definitions.
A. "Potentially dangerous animal" means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior a first time, but does not inflict serious injury to either a human or another animal:
1. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is acting lawfully;
2. An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal;
3. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is acting lawfully;
4. An attack, without provocation, that results in a non-severe injury to a person in a place where such person is acting lawfully.
B. "Dangerous animal" means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:
1. A single attack, without provocation, that results in a severe injury or death to a person in a place where such person is acting lawfully;
2. A single attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal and that results in the death of the other animal or livestock;
3. A second attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is acting lawfully;
4. A second attack, without provocation, on another animal or livestock, which occurs off the property of the owner of the attacking animals;
5. A second display of behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is acting lawfully;
6. A second attack, without provocation, that results in a non-severe injury to a person in a place where such person is acting lawfully;
7. A combination of behaviors or attacks described in Section 9.24.020(A) that occur without provocation on two separate occasions.
C. "Serious injury" is defined as any physical injury to a human being or animal that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery or causes severe bruising.
D. "Enclosure" means a fence or structure of at least six feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to humanely confine an animal with adequate exercise area, and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the owner of the animal. The enclosure shall be designed in order to prevent the animal from escaping.
E. "Hearing officer" means the manager of animal services, or his/her designee.
F. "Owner" means the owner, keeper or person having custody, control or possession of an animal.
G. A "dangerous animal" or "potentially dangerous animal" does not mean any animal in a situation in which it is shown that the person or domestic animal suffering the injury or damage had, at the time of the injury or damage:
1. Provoked, tormented, teased, abused or assaulted the animal into the behavior alleged;
2. Committed a willful trespass or other tort upon the private property of the owner of the animal;
3. Committed or attempted to commit a crime; or
4. Threatened or committed an unjustified attack or assault against the owner or person in control of the animal.
(Ord. 2185 NCS §2 (part), 2004.)
9.24.030 Investigation of dangerous and potentially dangerous animals.
A. An animal control officer shall investigate any reported incident regarding a dangerous or potentially dangerous animal.
1. During that investigation, the animal control officer shall compose a report to be permanently retained pursuant to adopted procedures. The report shall be signed under penalty of perjury by the animal control officer. The animal control officer shall make best efforts to take a photograph of the animal to include with the report.
2. The animal control officer shall append to the report the statements of witnesses, victims and the animal owner. These statements shall also be signed under penalty of perjury.
B. If after conducting an investigation, the animal control officer determines that probable cause exists that the animal is dangerous or potentially dangerous, the animal control officer may impose reasonable conditions to protect the public health, safety and welfare upon the animal owner pending an administrative hearing. These conditions shall be in the form of a provisional abatement order and may include any reasonable conditions, including those contained in Section 9.24.050. The animal control officer shall provide notice of the provisional abatement order pursuant to Section 9.24.060. The provisional abatement order shall remain in effect unless superseded or overruled by another administrative or judicial decision. A failure to comply with the provisional abatement order shall be a misdemeanor.
C. If after conducting an investigation, the animal control officer determines that probable cause exists that the dog is dangerous or potentially dangerous, the animal control officer shall petition the hearing officer for an administrative hearing to determine whether an animal is dangerous or potentially dangerous. The administrative hearing shall follow the procedures of Section 9.24.040.
D. Pursuant to this title, the animal control officer shall also immediately impound any animal found to be dangerous and posing an imminent threat to the public health, safety and welfare.
(Ord. 2185 NCS §2 (part), 2004.)
9.24.040 Hearing procedures.
A. Petition. Pursuant to Section 9.24.030, where the animal control officer has investigated and determined that there exists probable cause to believe that an animal is dangerous or potentially dangerous, the animal control officer shall petition the hearing officer for a hearing for the purpose of determining whether the animal should be declared dangerous or potentially dangerous.
B. Notice. The city shall notify the owner of the animal that a hearing will be held, at which time the animal control officer and the animal owner may present evidence as to whether the animal should be declared dangerous or potentially dangerous. The notice, together with a copy of the petition, shall be provided pursuant to Section 9.24.060. The hearing shall be held promptly within no less than ten days and no more than thirty days after service of the notice on the owner of the animal.
C. Conduct of Hearing. The hearing officer shall conduct the hearing as set forth in Section 9.32.050(H)(2) through (4). The owner of the animal shall be provided an opportunity to present evidence as to why the animal should not be declared dangerous or potentially dangerous.
D. Determinations of Dangerous and Potentially Dangerous Animals — Evidence. In making a determination that an animal is dangerous or potentially dangerous, evidence of the following shall be considered:
1. Any previous history of the animal attacking, biting or causing injury to a human being or other domestic 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 animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training for fighting;
7. Whether the animal exhibits any characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals;
8. Whether the animal can be effectively trained or retrained to change its temperament or behavior;
9. The manner in which the animal had been maintained or cared for by its owner;
10. Any other relevant evidence concerning the maintenance or care of the animal; and
11. Any other relevant evidence regarding the ability of the owner or the animal control officer to protect the public safety in the future if the animal is permitted to remain in the city.
E. Determination of Dangerous or Potentially Dangerous Animal – Abatement Order. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is dangerous or potentially dangerous. The hearing officer may order the abatement of the nuisance created by the dangerous or potentially dangerous animal by imposing some or all of the conditions found in Section 9.24.050 for the continued ownership of the animal. The abatement order shall supersede any provisional abatement order issued by an animal control officer unless the abatement order is stayed by judicial action or pending judicial review. Within ten days of the hearing, the determination and abatement order shall be served upon the animal owner pursuant to Section 9.24.060. The determination and abatement order of the hearing officer shall be final and conclusive.
F. Order of Humane Euthanization. If, following the hearing, the subject animal is determined by a preponderance of the evidence to be dangerous and, if released to the animal owner, even where reasonable abatement conditions were imposed, would create a significant threat to the public health, safety, or welfare, the hearing officer may order that the animal be humanely euthanized as permitted under California Food and Agricultural Code Section 31645 or its successor provisions.
1. A rebuttable presumption that an animal creates a significant threat to the public health, safety and welfare exists where:
a. The animal has been involved in an attack resulting in the death of a person, regardless of the circumstances involved.
b. The animal has been involved in a second attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal and that results in the death of the other animal or livestock.
c. The animal has been involved in a third attack, without provocation, that results in a nonsevere injury to a person in a place where such person is acting lawfully.
d. A third attack, without provocation, on another animal or livestock, which occurs off the property of the owner of the attacking animals.
e. The owner of an animal previously deemed dangerous fails, refuses or is incapable of complying with the terms of an abatement order issued pursuant to this chapter.
f. The animal has been previously found dangerous and subsequently exhibits any of the behaviors listed as determinative of dangerous or potentially dangerous under Section 9.24.020.
2. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies.
3. Within ten days of the hearing, notice of the order of humane euthanization shall be served upon the owner pursuant to Section 9.24.060.
4. Any order made by the hearing officer to humanely euthanize an animal shall be final.
(Ord. 2349 NCS §1 (part), 2009: Ord. 2185 NCS §2 (part), 2004.)
9.24.050 Abatement order and conditions.
A. Pursuant to Section 9.24.040, the owner of an animal determined to be dangerous or potentially dangerous by the hearing officer shall be required to comply with the abatement order of the hearing officer which contains any or all of the following conditions:
1. Registration. To immediately register the animal that is found to be dangerous with the animal control officer to comply with the animal control officer’s requirements for dangerous animals (including, but not limited to, requiring the animal to wear a visible dangerous animal tag), and to keep such animal properly vaccinated at all times. The fee to keep or maintain one dangerous animal shall be fifty dollars for a twelve-month term, and the fee for each additional dangerous animal shall be twenty-five dollars. The fee shall be paid for each twelve-month term. Should the animal die in any twelve-month term, the owner shall notify the animal control officer of the death within five working days of the death;
2. Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal control officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine a dangerous animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house a dangerous animal must comply with all zoning and building regulations of the city. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition;
3. Confinement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length, not to exceed six feet, and under the control of a responsible person eighteen years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure;
4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian at the owner's expense and to present proof thereof to the animal control officer;
5. Insurance. The owner of any animal found to be dangerous pursuant to this title shall present to animal services proof that the owner has procured liability insurance in the amount of at least one hundred thousand dollars covering any damage or injury that may be caused by the dangerous animal. Such liability insurance shall not be cancelled unless the owner ceases to own the animal. Coverage shall be evidenced by an endorsement from the insurer. The animal owner shall provide the city at least thirty days' advance notice of cancellation of any insurance policy required by this section. The insurance requirements set forth herein may be extended to the owner of a potentially dangerous animal based on the circumstances and recommendation of the animal control officer;
6. Bond. The posting of a bond or other proof of ability to pay a damage award in the amount of fifty thousand dollars;
7. Notification. To immediately inform any city, county, postmaster or utility company meter readers and anyone else that lawfully comes onto the property, of the animal’s dangerousness and to inform animal control and/or the chief of police if the animal is moved to another location inside or outside the city limits as provided by this chapter;
8. Signs. To display in a prominent place on the premises a sign easily readable by the public using the words "Beware of Dog" or "Beware of Animal" in letters at least three inches high;
9. Microchip and Sterilization Requirements. The owner of any animal found potentially dangerous or dangerous pursuant to this chapter shall, at the owner's expense, have a microchip assigned by animal services implanted into the animal for identification purposes. The identifying information listed on the microchip shall be noted in the licensing files for that animal. An animal that has been found to be potentially dangerous or dangerous pursuant to this chapter shall be sterilized at the owner's expense by a date determined by the animal control officer;
10. Inspection. To consent and agree to the entry upon the premises to any police officer or animal control officer for the purpose of inspecting the animal and/or premises;
11. Payment of Cost. To make reasonable payment of costs incurred by the city and animal control agent in the hearing process, not to exceed one thousand dollars;
12. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public.
B. The owner of the animal shall comply with the conditions imposed by the hearing officer within thirty days of the order.
C. All owners of dangerous animals must within ten days of the effective date of the abatement order provide the animal control officer with two photographs (color) of the registered animal clearly showing the color and approximate size of the animal.
D. No dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure.
E. Failure to comply with an abatement order regarding a dangerous or potentially dangerous animal.
1. It is unlawful for the owner of an animal deemed dangerous or potentially dangerous under this chapter to fail to comply with the conditions set forth in an abatement order. Any animal found to be the subject of a violation of such an abatement order shall be subject to immediate seizure and impoundment. The hearing officer shall order the animal owner to show cause why the animal should not be humanely euthanized for failure to comply with the conditions contained in the abatement order of an animal deemed dangerous or potentially dangerous.
2. The hearing officer shall provide written notice pursuant to Section 9.24.060 that the animal will be humanely euthanized unless, within fourteen days from the date of the notice:
a. The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in the abatement order; or
b. The owner has filed in a court of competent jurisdiction a petition that seeks to stay euthanization of the animal and has served a copy of such petition upon the hearing officer.
3. If, after fourteen days from the date of such notice, the owner has not complied with the provisions of subsection (E)(1) or (2) of this section, the hearing officer may, without further notice or process, have the animal humanely euthanized.
(Ord. 2349 NCS §1 (part), 2009: Ord. 2185 NCS §2 (part), 2004.)
9.24.060 Notice and service requirements.
When this chapter requires the provision of notice or service, the notice or service shall be in writing. If a right may be exercised or an act is to be done and the notice or service of it is required to be given but the time within which the notice or service must be given is not specified, the notice or service shall be given at least ten days before the time the right must be exercised. The notice or service shall be served upon the owner and/or possessor personally or by United States mail, first-class postage prepaid, and if by such mail, it shall be sent to the animal owner at his/her last known mailing address. In the event that the last known address of the animal owner and/or possessor cannot be ascertained, the hearing officer or animal control officer shall sign a declaration under penalty of perjury that best efforts were made to provide notice or service to the animal owner and/or possessor. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first-class mail, service shall be deemed complete at the time of deposit into the United States mail. The failure to receive a notice or other document sent via first-class mail shall not affect the validity of any enforcement proceedings under this title. (Ord. 2349 NCS §1 (part), 2009: Ord. No. 2185 NCS §2 (part), 2004.)
9.24.070 Transfer and training of dangerous animals.
A. Sale or Transfer Within City. No person shall sell, transfer or in any other way dispose of an animal deemed dangerous under this chapter to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the owner of such animal.
B. Sale or Transfer Outside of City. The owner of an animal that has been deemed dangerous under this chapter may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the city, provided the owner first notifies the hearing officer and the animal control officer of the proposed sale or transfer. Such notice shall be given not less than fifteen days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the animal control officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the animal control officer.
C. Sale or Transfer into City. It shall be unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the city limits that has been deemed by another governmental jurisdiction to be potentially dangerous, dangerous, vicious, or a threat to the safety of human beings or domestic animals. The animal control officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the city. Should such person fail to comply with the animal control officer’s order, the animal control officer may summarily and immediately impound the animal. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may then be disposed of in accordance with the provisions of this chapter.
D. Fighting Training and Animal Abuse Prohibited. It shall be unlawful to use, train, keep, harbor, own or in any way possess or transport through the city an animal for the purpose of animal fight exhibitions. Scars and wounds are refutable evidence of participation in animal fight exhibitions or training. "Fight training" is defined to include but is not limited to:
1. The use or possession of treadmills for fight training;
2. Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions;
3. The use of weights on the animal for fight training;
4. The use of other animals for blood sport training;
5. Any other activity, the primary purpose of which is the training of animals for aggressive or vicious behavior or animal fight exhibitions. It shall further be unlawful for anyone to knowingly abuse any animal within the city limits.
(Ord. 2185 NCS §2 (part), 2004.)
9.24.080 Ownership of dangerous animals.
The owner of an animal determined to be dangerous and ordered humanely euthanized pursuant to this chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the same type for a period of three years from the date of the determination when it is found at the hearing conducted pursuant to this chapter that ownership or possession of such animal by that person would create a significant threat to public health, safety or welfare. (Ord. 2349 NCS §1 (part), 2009.)
9.24.090 Enforcement and penalties.
A. Enforcement by Criminal Prosecution. Any violation of this chapter may be prosecuted as a criminal offense as set forth in Section 9.32.030.
B. Enforcement by Civil Court Action. The provisions of this chapter may be enforced by a civil court action in accordance with Section 9.32.040. In addition to any other remedies provided herein, any violation of this chapter involving an animal deemed to be potentially dangerous or dangerous shall be subject to a civil fine not to exceed one thousand dollars.
C. Penalties and Remedies Cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The city may, in its discretion, elect to pursue any one or more of the penalties or remedies provided for herein or at law or in equity.
(Ord. 2349 NCS §1 (part), 2009: Ord. 2185 NCS §2 (part), 2004. Formerly 9.24.080.)