Chapter 8.07
POTENTIALLY DANGEROUS/VICIOUS DOGS
Sections:
8.07.020 Administrative restraint order for potentially dangerous animals.
8.07.030 Impoundment, abatement, and corrective measures.
8.07.040 Placement of warning signs.
8.07.050 Change of ownership, custody and/or location of animal.
8.07.060 Possession unlawful without adequate restraint.
8.07.070 Surrender of animal upon demand.
8.07.080 Hearing procedures and charges.
8.07.100 Court proceedings under Food and Agriculture Code Section 3601 et seq.
8.07.010 Definitions.
Whenever, in this chapter or in any resolution or standard adopted by the Norco City Council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof, that some other meaning is intended.
A. “Attack” means any action by an animal which places a person in danger of immediate bodily harm.
B. “Animal Services Superintendent” means the Animal Services Superintendent of the City of Norco or his/her duly authorized representative.
C. “Animal Control Officer” means those duly appointed and acting deputies of the Animal Control Superintendent assigned to provide animal control field services within the corporate limits of the City and enforce the provisions of this title and shall include those positions entitled Superintendent of Animal Control, Animal Control Supervisor, Animal Control Officer, and Animal Control Officer Trainee.
D. “Potentially dangerous animal” means:
1. Any animal which has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a “substantial injury” (as defined in this section), to another person engaged in a lawful activity.
2. Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a “substantial injury” (as defined in this section) to another animal.
3. Any animal which is found actively pursuing livestock, poultry, dogs, cats or animals.
E. “Substantial injury” means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
F. “Secure enclosure” means a fence or structure suitable to prevent the entry of young children or any part thereof, and which is suitable to confine a potentially dangerous, or vicious animal in conjunction with other measures which may be taken by the owner or keeper of the animal, or at the direction of the Animal Services Manager. The enclosure shall be designed to prevent the animal from escaping and from preventing an adult or child from coming in contact with the animal. (A chain where a person can walk within the length of the chain, or an electric collar or invisible fence is not a sufficient restraint or enclosure.)
G. “Vicious dog” means:
1. Any dog seized under Section 599a 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 substantial injury on or kills a human being or animals.
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 that behavior described in Section 31062 of the Food and Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code. (Ord. 1076 Sec. 1, 2021)
8.07.020 Administrative restraint order for potentially dangerous animals.
A. If the Division of Animal Control has reasonable cause to believe that an animal is a potentially dangerous animal, the Animal Services Manager/designee shall issue a potentially dangerous animal restraint order to the owner(s) or custodian(s) of any such dog or animal that fits the description set forth in this chapter, of a potentially dangerous animal. The statement shall be served by hand-delivery or certified and first-class mail. The statement shall notify the owner(s) or custodian(s) of such animal(s) that such owner(s) or custodian(s) is/are required thereafter at all times to keep such animal(s) in a secure enclosure or provide such other adequate secure restraint as may be specified on the restraint order.
B. An owner(s)/custodian(s) of an animal(s) receiving a “Potentially Dangerous Animal Restraint Order” may request a hearing on the order by a hearing officer selected by the Department Superintendent. The request for a hearing must be submitted in writing, during the 10 calendar days following the service of the order. Pending such hearing, the animal must be kept in a secure enclosure or adequately restrained as specified in the restraint order.
C. Failure of the owner(s)/keeper(s) to request a hearing on the restraint order within the 10-day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.
D. All hearings pursuant to subsection (B) of this section shall be conducted by the Hearing Officer who shall not have been directly involved in the subject action. Hearings shall be held not more than 10 working days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed 30 days if the Hearing Officer deems such continuance to be necessary and proper. Within 10 days after the conclusion of the hearing, the Hearing Officer shall render, in writing, his or her findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery.
E. Costs for successful enforcement of this section shall be recouped from the animal’s owner or custodian pursuant to Section 8.07.080.
F. An animal which has been determined to be a potentially dangerous animal following the conclusion of the process described in subsections (A) through (D) of this section shall be added to a list of potentially dangerous animals maintained by the Division of Animal Control. Once an animal has been determined to be a potentially dangerous animal, if there are no additional instances of the behavior described in Section 8.07.010, within a 36-month period from the date of the restraint order, the animal may be removed from the list of potentially dangerous animals by the animal services manager/designee. (Ord. 1076 Sec. 1, 2021)
8.07.030 Impoundment, abatement, and corrective measures.
In accordance with Sections 31645 and 31683 of the Food and Agriculture Code, Animal Control Services is hereby authorized and empowered to impound and or abate (destroy) any potentially dangerous animal/vicious dog or enforce corrective measures on a potentially dangerous animal/vicious dog. The Animal Services Superintendent and/or his/her designees are hereby directed and empowered to abate any public nuisance independently of any criminal prosecution or the results thereof by any means reasonably necessary to accomplish said abatement including but not limited to the destruction of the dog, cat, or other identified animal involved to protect the health, safety and welfare of the public, and including, but not limited to, the imposition upon owner and or custodian of specific, reasonable restrictions and conditions for the maintenance of the animal.
In addition to any other requirement provided by law, the owner of an animal/dog declared potentially dangerous or vicious shall do all of the following:
A. Requirements as to the size, construction, type and method of restraint for the animal; including but not limited to the design of structured enclosure or confinement of the animal.
B. Location of the animal’s residence including prior notice of plans to move the animal to another location or to a location outside the City of Norco and obtaining approval from the Department of Animals Services to do so after proper notification of animal regulation in the new jurisdiction.
C. Photo identification or permanent identification of the animal; a requirement to obtain a microchip.
D. Requirement to alter the animal.
E. Dog and owner are required to complete an approved obedience course and shall provide proof of completion of such course within 60 days of being deemed potentially dangerous/vicious. Such course shall be paid for by the dog owner.
F. The owner of the animal/dog, possessor of the animal/dog, or owner of the premises where the animal or dog is to be kept shall obtain and maintain liability insurance in the amount of $100,000 and shall furnish a certificate or proof of insurance to the City within 60 days, and by which the City shall be notified at least 30 calendar days prior to cancellation or nonrenewal.
G. Within 30 days of the determination that a dog is potentially dangerous or vicious, the owner of the dog shall pay the license fee established by the City for potentially dangerous or vicious dogs or other animals as applicable, or if the owner has a current license, the owner shall pay the difference between the license fee previously paid and the then-current license fee for potentially dangerous or vicious dogs or other animals.
H. Allow inspection of the animal and its enclosure by the Department of Animal Services or any other law enforcement agency without warrant, and to produce upon demand, proof of compliance with such requirements of this section as may be applicable.
I. Obtain written permission to keep the animal on certain specified premises from the landlord/owner, in the event owner/custodian of the potentially dangerous animal/vicious dog is a tenant or occupant on real property where the animal is being kept.
J. Any dog which has been declared potentially dangerous, dangerous, or vicious in any administrative or legal proceeding, as a result of aggressive behavior, outside the boundaries of the City, may not be relocated into the City.
K. In addition to any other remedy provided by law, a person who violates this section, or violates an order determining a dog to be potentially dangerous or vicious, shall be subject to an administrative citation in accordance with Chapter 1.05. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation. (Ord. 1076 Sec. 1, 2021)
8.07.040 Placement of warning signs.
It shall be unlawful for the owner or person in charge of any dog or animal found to be potentially dangerous or vicious to fail, neglect or to refuse to keep posted in a conspicuous place at or near the entrance to the premises on or within which any dog or animal is kept, a sign having letters at least two inches in width and two inches in height and reading “Beware of Vicious _____” or “Beware of Potentially Dangerous _______,” as may be appropriate. (Ord. 1076 Sec. 1, 2021)
8.07.050 Change of ownership, custody and/or location of animal.
A. The owner and or custodian of animal that is on restriction as above provided and who moves or sells the animal, or otherwise transfers the ownership, custody or locations of the animal/s, shall, in writing within two working days, notify Norco Animal Control of the name, address and telephone number of the proposed, new owner or custodian, and/or the proposed, new location of the animal and the name and description of the animal/s. Norco Animal Control may prohibit the proposed relocation for cause.
B. The owner and/or custodian shall, in addition to the above, notify any new owner or custodian in writing regarding the details of the animal’s record, and the terms and conditions for confinement and control of the animal. The transferring owner and/or custodian shall also provide Norco Animal Control with a copy of the notification to the new owner or custodian containing an acknowledgement by the new owner or custodian of his/her receipt of the original notification and acceptance of the terms and conditions. Norco Animal Control may impose different or additional restrictions upon the new owner or custodian.
C. If the animal should die, the owner and or custodian shall notify Norco Animal Control within 48 hours thereafter and upon request from the Department shall produce the animal/s for verification. If the animal escapes, the owner and or custodian shall immediately notify Norco Animal Control and make every reasonable effort to recapture the escaped animal.
D. An animal that has been declared dangerous or vicious in any legal hearing, as a result of aggressive behavior, outside the confines of City of Norco, may not be relocated to the City of Norco. (Ord. 1076 Sec. 1, 2021)
8.07.060 Possession unlawful without adequate restraint.
It is unlawful for a person to have the custody of or own or possess an animal that is restricted as above provided, unless the animal continues to be restrained or confined to prevent it from being at large or from causing damage to any property or injury to any one person or other animal. (Ord. 1076 Sec. 1, 2021)
8.07.070 Surrender of animal upon demand.
The owner and/or custodian of any animal who is in violation of this chapter shall surrender such animal to Norco Animal Control upon demand. (Ord. 1076 Sec. 1, 2021)
8.07.080 Hearing procedures and charges.
Charges for hearing procedures and cost of confinement at the Norco Animal Shelter may be awarded to the City and recovered from the animal’s owner or custodian. (Ord. 1076 Sec. 1, 2021)
8.07.090 Exclusions.
This chapter does not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police work. (Ord. 1076 Sec. 1, 2021)
8.07.100 Court proceedings under Food and Agriculture Code Section 3601 et seq.
Nothing in this chapter shall prevent the City or any other party from commencing and maintaining court proceedings for the restriction or destruction of any animal authorized under Food and Agriculture Code Section 3106 et seq. (Ord. 1076 Sec. 1, 2021)
8.07.110 Severability.
If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 1076 Sec. 1, 2021)