Chapter 7.06 — POTENTIALLY DANGEROUS, DANGEROUS OR VICIOUS

ANIMALS; PUBLIC NUISANCE ANIMAL HEARINGS

Sections:

7.06.010 Declaration of Public Nuisance

7.06.020 Public Nuisance Defined

7.06.030 Declaring an Animal or Dog Potentially Dangerous, Dangerous or Vicious

7.06.040 Administrative Hearing

7.06.050 Determination and Orders; Notice; Compliance; Decision Final

7.06.060 Licensing and Vaccinating Potentially Dangerous, Dangerous or Vicious Dog or Animal

7.06.070 Seizure and Impoundment of Dog or Animal

7.06.080 Cost Assessment When Dog or Animal is Seized

7.06.090 Sterilization Requirement for a Potentially Dangerous, Dangerous or Vicious Dog or Animal

7.06.100 Destruction of Potentially Dangerous, Dangerous or Vicious Dog or Animal

7.06.110 Restraint or Enclosure of Potentially Dangerous, Dangerous or Vicious Dog or Animal

7.06.120 Notice of Disposal or Escape of Potentially Dangerous, Dangerous or Vicious Dog or Animal

7.06.130 Owners of Potentially Dangerous, Dangerous or Vicious Dog or Animal to Permit Compliance Inspection

7.06.140 Removal of Designation

7.06.150 Keeping of Potentially Dangerous, Dangerous, Potentially Vicious or Vicious Dog or Animal

7.06.160 Penalty Provisions

7.06.170 Fees

A. It is the purpose and intent of this Chapter to establish the City's own program, including procedures for the control of potentially dangerous, dangerous and vicious dogs or animals, as recognized by Section 31683 of Chapter 9 (entitled "Potentially Dangerous and Vicious Dogs") of Division 14 of the California Food and Agricultural Code.

B. The City Council has found and determined that attacks by potentially dangerous or vicious dogs or animals on human beings and domestic animals are attributable to the failure of owners to register, confine and properly control vicious potentially dangerous, dangerous and/or vicious dogs or animals.

C. Potentially dangerous, dangerous and vicious dogs or animals are hereby declared a public nuisance.

D. For the purposes of this section, a person is peaceably and lawfully upon the private property of an owner or possessor of the animal when he or she is on the property in the performance of any duty imposed upon him or her by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on the property upon express or implied invitation.

[Ord. No. 521, 10/23/13.]

A. “Dangerous Dog or Animal” is defined as any of the following:

1. Any dog or animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise

threaten the safety of human beings or domestic animals.

2. Any animal which twice within a forty-eight (48) month period and in two separate incidents, has actively pursued, attacked,

bitten or otherwise inflicted on a person or animal engaged in lawful activity an injury less severe than a ‘substantial injury’ (as defined in this Title 7).

3. Any animal which has once attacked, bitten, or otherwise caused injury to a person or animal engaged in lawful activity, resulting

in death or substantial injury.

4. Any animal which has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain

the animal as so directed and/or as provided in this Chapter.

5. Any dog or animal seized under Section 599aa of the Penal Code and whose owner or keeper is convicted under subdivision (a)

of Section 597.5 of the Penal Code, or any animal used during or in the commission of a crime that constitutes a misdemeanor or a felony where the facts and circumstances of the animal’s involvement in the crime give reason to believe that the animal poses a threat to public health and/or safety.

B. "Potentially Dangerous Dog or Animal" is defined as any of the following:

1. Any dog or animal which when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, engages

in any behavior which requires a defensive action by any person to prevent bodily harm when the person and the dog or animal are off the property of the owner or keeper of the dog or animal.

2. Any dog or animal which, when unprovoked, bites a human being.

3. Any dog or animal, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) 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 such dog or animal.

4. Any dog or animal, which on three (3) separate occasions within a twelve (12) month period, was observed being unrestrained

off its owner's premises by an Animal Control or Code Enforcement Officer or private citizen of the City of Adelanto or was apprehended and/or impounded on three (3) separate occasions for being unrestrained or uncontrolled off its owner's premises.

C. "Vicious Dog or Animal" is defined as any of the following:

1. Any dog or animal which, when unprovoked, in an aggressive manner, inflicts substantial injury on or kills a human being.

2. Any dog or animal previously determined to be, and currently designated as, a potentially dangerous, dangerous or vicious dog

or animal which, after its owner or keeper has been notified of its determination, continues the behavior described in Subsection B. above.

3. Any dog or animal currently listed and determined to be a potentially dangerous, dangerous or vicious dog or animal, which is not properly licensed and vaccinated, and/or not properly restrained and/or maintained on the owner’s property.

[Ord. No. 521, 10/23/13.]

A. Determination that an Animal or Dog is Potentially Dangerous, Dangerous or Vicious. If an Animal Control Officer, Code Enforcement Officer or law enforcement officer has investigated and determined that there exists probable cause to believe that a dog or animal is potentially dangerous, dangerous or vicious, the Animal Control Supervisor, or designee, may set a hearing for the purpose of determining whether or not the dog or animal in question should be declared potentially dangerous or vicious.

B. Notice to Owner or Keeper; Hearing. The Animal Control Supervisor shall notify the owner or keeper of the dog or animal that an administrative hearing will be held by the City, at which time said owner may present evidence as to why the dog or animal in question should not be declared potentially dangerous or vicious. The owner or keeper of the dog or animal shall be served with notice of the hearing, either in person, by first class mail or by certified mail with return receipt requested at the owner's last known address, not less than five (5) days, nor more than ten (10) days, before the time set for the hearing. Service shall be deemed complete at the time the notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings thereunder. The hearings shall be open to the public. The City Manager or designee shall conduct the administrative hearing.

C. Notice shall be substantiated in the form set forth below:

"Re: Notice of Administrative Hearing for determination and disposition of Potentially Dangerous, Dangerous or Vicious Dogs or Animals.

This is a Notice of Administrative Hearing before the City Manager of the City of Adelanto or his/her designee, to determine whether

your dog or animal (name of dog or animal, description of animal if available) is a potentially dangerous, dangerous or vicious dog (or animal). If your dog (or animal) is found to be potentially dangerous and/or vicious as defined by the City of Adelanto Municipal Code Chapter 7.06, Section 7.06.030, the City Manager or his/her designee as Hearing Officer may issue any one (1) or more of, but not limited to, the following orders:

1. The dog or animal shall be properly licensed and vaccinated.

2. The dog or animal shall be maintained on the owner's property and kept indoors or in a securely fenced yard from which the dog

or animal cannot escape.

3. The dog or animal shall be maintained in a covered chain-link run with cement flooring and locked gate from which the dog or

animal cannot escape and into which children cannot trespass.

4. The dog or animal cannot be off the owner's premises unless it is restrained by a substantial leash and muzzled (if appropriate)

under the control of a responsible adult.

5. If the dog or animal dies or is sold, transferred or permanently removed from the City of Adelanto where the owner resides, the

owner shall notify the City of Adelanto of the changed condition and new location of the dog or animal within two (2) days in writing.

6. The dog or animal shall be destroyed.

   7. The dog or animal owner shall pay all costs incurred by the City of Adelanto for housing, maintenance, feeding and veterinary care during such time the dog or animal is in the custody of the City of Adelanto.

   8. The dog or animal shall be required to be sterilized.

   9. For purposes of future identification, photo identification or permanent marking of the animal.

   10. If the person owning or possessing the animal is a tenant or occupant of property owned by another person, requiring that the person owning or possessing the animal obtain written permission from the landlord/property owner to keep the animal on certain specified premises.

   11. Any person keeping or harboring any dog or animal deemed vicious within the City of Adelanto must provide proof of ability to respond in damages up to one hundred thousand dollars ($100,000.00) by obtaining a policy of insurance coverage in said amount for bodily injury to, or death of, any person or persons or for damage to property owned by any other person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such dog or animal.

   12. Animal Control has the right to inspect the property at any time for violations of the findings and orders in the hearing. In the event the owner fails to meet the required conditions from the findings and orders in the hearing, Animal Control may impound the dog or animal and take it to the Shelter or otherwise disposed of such dog or animal, so that it may not become a menace to the public."

   13. You have five (5) days from the date you receive the written notice of the findings and orders in the hearing to comply with required corrections and pay all fees and/or fines associated with this hearing. On day six (6), the dog or animal will become property of the Animal Control and be disposed of.

[Ord. No. 521, 10/23/13.]

A. At the time stated in the Notice of Administrative Hearing, the City Manager or his/her designee, hereafter referred to as Hearing Officer, shall hear and consider all relevant evidence, objections or portents and shall receive testimony under oath relative to the alleged potentially dangerous, dangerous or vicious dog or animal. The Hearing Officer may admit into evidence all relevant evidence, including incident reports and affidavits of witnesses. The Hearing Officer may find, upon a preponderance of evidence, that the dog or animal in question is potentially dangerous, dangerous or vicious and may make orders authorized by Section 7.06.030 of this Chapter. Said hearing may be continued from time to time.

B. The Hearing Officer shall consider at least the following factors in determining whether an animal is potentially dangerous, dangerous or vicious:

1. Whether any injury or damage to a person by the animal was caused or contributed to by the actions of that person, including by

way of acts of physical abuse, tormenting, teasing, or assaulting the animal.

2. Whether a person injured by the animal was committing a trespass or other tort upon premises occupied by the owner or keeper

of an animal, or was committing or attempting to commit a crime.

3. Whether any injury to a domestic animal was caused or contributed to by the actions of the domestic animal, including acts of

teasing, tormenting, abusing, or attacking the animal that allegedly caused the injury.

4. Whether a person injured by the animal had gained uninvited and unauthorized entry onto fenced or indoor property of the animal’s owner or keeper. As used in this section, “unauthorized entry” does not include entry into a fenced residential front yard unless the yard is locked or posted to prohibit entry.

   5. Whether any injury to a person by the animal was caused while the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault.

C. If the Hearing Officer finds by a preponderance of the evidence that the dog or animal, which is the subject of the hearing, is potentially dangerous, dangerous or vicious, the Hearing Officer shall prepare findings and make specific orders with respect to the dog or animal as authorized by this Chapter. A copy of the findings and orders shall be served on the owner or keeper of the dog or animal in accordance with the provisions of Section 7.06.030.

[Ord. No. 521, 10/23/13.]

After an administrative hearing is conducted pursuant to this Chapter, the owner or keeper of the dog or animal shall be notified in writing of the determination and orders issued, either personally or by first class mail, postage prepaid. If a determination is made that the dog or animal is potentially dangerous, dangerous or vicious, the owner or keeper shall comply with those orders made by the Hearing Officer in accordance with any time schedule established by the Animal Control Supervisor, but in no case more than thirty (30) days after the date of the determination or thirty-five (35) days if the notice of determination is mailed to the owner or keeper of the dog or animal. The findings and orders by the Hearing Officer are final, without the right of further hearing or appeal.

[Ord. No. 521, 10/23/13.]

All potentially dangerous, dangerous or vicious dogs or animals shall be properly licensed and vaccinated (when appropriate). The licensing authority shall include the potentially dangerous, dangerous or vicious designation in the registration records of the dog or animal, either after the owner or the keeper of the dog or animal has agreed to the designation or the Hearing Officer has determined the designation applies to the dog or animal. The City may charge a potentially dangerous, dangerous or vicious dog fee in addition to the regular licensing fee to provide for the increase costs of maintaining the records of the dog or animal.

[Ord. No. 521, 10/23/13.]

A. If upon investigation it is determined by the Animal Control Officer that probable cause exists to believe that the dog or animal in question poses an immediate threat to public safety, the Animal Control Officer may seize and impound the dog or animal pending the administrative hearing to be held pursuant to this Chapter. The owner or keeper of the dog or animal shall be liable to the City for all costs and expenses of keeping the dog or animal if the dog or animal is later adjudicated of being potentially dangerous, dangerous or vicious. It shall be a misdemeanor to obstruct or otherwise impede an Animal Control Officer during the attempted seizure and/or impoundment of the dog or animal.

B. When a dog or animal has been impounded pursuant to Subsection A. hereinabove and it is not contrary to public safety, the Animal Control Officer may permit the animal to be confined at the owner's expense in a City-approved kennel or veterinary facility.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. If it is determined at the administrative hearing as provided in this Chapter that the dog or animal in question is potentially dangerous, dangerous or vicious, the Hearing Officer may assess the owner or keeper of the dog or animal for any costs of administration incurred by the City, including but not limited to costs incurred in housing the dog or animal maintaining and feeding the dog or animal or for any medical attention required for the dog or animal.

B. Costs assessed shall be charged to the owner or keeper, and if unpaid, a lien shall be placed upon the owner's real property where the animal was maintained. The City Council shall affirm such assessment and cause same to be recorded on the assessment roll. Such assessment shall constitute a special assessment against and a lien upon the property. Said assessment shall be levied and collected in accordance with Government Code Section 38773.5 and the procedure established for levy and collection of nuisance abatement assessments set forth in applicable provisions of the Municipal Code.

[Ord. No. 521, 10/23/13.]

The owner or keeper of any dog or animal determined to be potentially dangerous, dangerous or vicious pursuant to this Chapter shall have said dog or animal sterilized at the dog or animal owner's or keeper's expense.

[Ord. No. 521, 10/23/13.]

A. A dog or animal determined to be potentially dangerous, dangerous or vicious may be destroyed by the Animal Control Department when it is found, after an administrative hearing pursuant to this Chapter, that the release of the dog or animal would create a significant threat to the public health, safety and welfare.

B. If it is determined that a dog or animal is potentially dangerous, dangerous or vicious and shall not be destroyed, the Hearing

Officer shall impose conditions upon the owner or keeper of the dog or animal that protects the public health, safety and welfare.

[Ord. No. 521, 10/23/13.]

A. A dog or animal determined to be potentially dangerous, dangerous or vicious pursuant to this Chapter shall at all times while not securely confined indoors:

1. Be confined in an area which is securely fenced and locked so as to prevent trespass by children and from which the dog or

animal cannot escape.

2. When off the property of its owner or keeper, humanely muzzled (if appropriate) and leashed with a substantial leash not to

exceed six (6) feet in length and under the control of a responsible adult.

3. Humanely confined in a vehicle so that it can neither escape nor inflict injury on passers by.

4. Be confined in an outdoor fenced enclosure on the property where the dog or animal is kept or maintained so it cannot bite,

attack or cause injury to any person or domestic animal. The enclosure must be anchored solidly to the ground and must be of sufficient structural strength and height to ensure the strict confinement of the dog or animal and to prevent unauthorized access. If necessary to accomplish the intent of containment, a cover over the enclosure and a cement or solid bottom shall be installed. In addition, any and all gates must be kept locked by a substantial lock.

5. A vicious dog or animal may be off the property of the owner or keeper for the purpose of obtaining veterinary care, sold or given

away, complying with the provisions of this Chapter.

6. When off the property of its owner or keeper or in the care of a veterinarian, the dog or animal shall be securely and humanely

muzzled (if appropriate) and restrained with a harness, collar, choke chain and nylon or leather leash sufficient to restrain the dog or animal not exceeding four (4) feet in length and shall be under the direct charge and control of its owner or adult keeper.

B. When circumstances warrant, the officer in charge of the Animal Control Department may modify conditions of restraint to accommodate the special needs of dogs or animals.

[Ord. No. 521, 10/23/13.]

A. The owner or keeper of any dog or animal found to be potentially dangerous, dangerous or vicious, pursuant to this Chapter, shall notify the Animal Control Department immediately if the dog or animal has escaped, is unconfined, has attacked another dog or animal, has bitten a human being or has died.

B. The said owner or keeper shall notify the Animal Control Department within forty-eight (48) hours if the dog or animal is sold, transferred or permanently removed from the place where the owner or keeper resides or kept the dog or animal at the time the dog or animal was determined to be potentially dangerous, dangerous or vicious. The owner or keeper shall also inform the Animal Control Department of any new name, address and phone number of any new owner or keeper of said dog or animal.

[Ord. No. 521, 10/23/13]

The owner or keeper of the potentially dangerous, dangerous or vicious dog or animal determined to be potentially dangerous, dangerous or vicious pursuant to this Chapter shall allow inspection of the animal, its enclosure and of the property where the dog or animal is kept by the Animal Control Department or any other law enforcement agency without warrant, and to produce upon demand, proof of full compliance with the requirements fo this Chapter and/or requirements of the orders issued by the Hearing Officer.

[Ord. No. 521, 10/23/13.]

If there are no additional instances of the behavior described in Section7.06.020.B. within a forty-eight (48) month period from the date of designation as a potentially dangerous, dangerous or vicious dog or animal, the dog or animal may be removed from the list of potentially dangerous, dangerous or vicious dogs or animals. The dog or animal may, but is not required to be, removed from the list of potentially dangerous or vicious dogs or animals prior to the expiration of the forty-eight (48) month period if the owner or keeper of the dog or animal demonstrates to the Animal Control Department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog or animal, has mitigated the risk to the public safety.

[Ord. No. 521, 10/23/13.]

It is unlawful to own, harbor or keep any dog or animal found by another jurisdiction to be potentially dangerous, dangerous, potentially vicious or vicious. Any dog or animal that has previously been determined to be potentially dangerous, dangerous or vicious after an administrative hearing or court order by another jurisdiction will not be allowed to be kept, owned or harbored within the City of Adelanto.

[Ord. No. 521, 10/23/13.]

A. The provisions of this Chapter pertaining to potentially dangerous, dangerous and vicious dogs are adopted in accordance with

and shall not be construed to conflict with the provisions of Chapter 9 of Division 14 of the California Food and Agriculture Code. Should any inconsistency or conflict exist between the provisions of this Chapter and the terms of Chapter 9 of Division 14 of the Food and Agriculture Code, the terms of State law shall control.

B. Any violation of this Chapter involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500.00). Any violation of this Chapter involving a dangerous or vicious dog shall be punished by a fine not to exceed one thousand dollars ($1,000.00).

C. Except as set forth hereinabove, the penalty provisions set forth in Chapter 7.04, commencing at Section 7.04.130, are incorporated herein in full, and shall apply to any violation of this Chapter and any public nuisance declared pursuant to this Chapter.

[Ord. No. 521, 10/23/13.]

All fines, fees or penalties paid pursuant to this Chapter shall be paid to the City of Adelanto where the violation occurred, for the purpose of defraying the cost of the implementation of this Chapter.

[Ord. No. 521, 10/23/13.]