Aliso Viejo Municipal Code Art. IV Dangerous and Vicious Animals

Repealed by Ord. 2012-145. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-35)].

A. Generally.

1. If the director has cause to believe that a dog is a “vicious dog” within the meaning of AVMC 6.02.010, he may tentatively find and declare such dog a vicious dog.

2. Upon tentatively finding and declaring that a dog is a vicious dog, the director shall notify the owner and/or custodian in writing of his tentative finding and declaration.

3. The notice shall inform the owner and/or custodian of such dog that he may request a hearing in writing before the director within five working days of the date indicated on such notice to contest the tentative finding and declaration. Any such hearing shall be requested and conducted as provided in subsection (D) of this section.

4. Failure of the owner and/or custodian to request a hearing pursuant to subsection (A)(3) of this section shall result in the director’s tentative declaration becoming final.

5. The possession or maintenance of a vicious dog, or the allowing of any such dog to be in contravention of this title, is hereby declared to be a public nuisance. The director is hereby authorized and empowered to impound and/or abate any vicious dog independently of any criminal prosecution or the results thereof by any means reasonably necessary to ensure the health, safety and welfare of the public, including, but not limited to, the destruction of the dog or by the imposition upon the owner and/or custodian of specific reasonable restrictions and conditions for the maintenance of the dog. The restrictions and conditions may include but are not limited to:

a. Obtaining and maintaining liability insurance in the amount of $100,000 against bodily injury or death or damage to property and furnishing a certificate or proof of insurance by which the director shall be notified at least 10 days prior to cancellation or nonrenewal or, at the owner’s or custodian’s option, the filing with the director of proof of a bond in the amount of $100,000, to be able to respond in damages.

b. Requirements as to size, construction and design of the dog’s enclosure.

c. Location of the dog’s residence.

d. Requirements as to type and method of restraints and/or muzzling of the dog.

e. Photo identification or permanent marking of the dog for purposes of identification.

f. Requirements as to the posting of a warning notice or notices conspicuous to the public warning persons of the presence of a vicious dog.

g. Payment of a fee or fees as established by the city of Mission Viejo to recover the costs of enforcing the provisions of this chapter as applied to the regulation of vicious dogs.

B. Notification of Right to Hearing. At least five working days prior to impoundment and/or abatement of a vicious dog, the director shall provide written notification to the owner or custodian of such dog of his right to request a hearing in writing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, the impoundment and/or abatement hearing may be held in conjunction with the hearing provided for in subsection (A) of this section. If the owner or custodian requests a hearing prior to impoundment and/or abatement, no impoundment and/or abatement shall take place pending a decision by the director following a hearing, except as provided in subsection (C) of this section. Pending such impoundment and/or abatement hearing and decision by the director, the director may order the owner or custodian to keep the dog within a substantial enclosure or securely attached to a chain or other type of control which the director may deem necessary under the circumstances. The director may also order the owner or custodian to post and keep posted upon the premises where such dog is kept under restraint, a warning notice pending such impoundment and/or abatement hearing and decision by the director. The form, content and display of such notice shall be specified by the director. Any hearing under this subsection shall be conducted in accordance with subsection (D) of this section.

C. Immediate Impoundment. When, in the opinion of the director, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the dog has been impounded under other provisions of this code or state law, the pre-impoundment hearing shall not be required; however, the owner or custodian shall be given written notice allowing five working days from the date of such notice to request in writing an abatement hearing. If requested, a hearing shall be held within five working days of receipt of the request by the director and the dog shall not be disposed of prior to the decision of the director following such hearing. A hearing under this subsection shall be conducted in accordance with subsection (D) of this section except as otherwise indicated. If, after five working days following the date of such notice, no written request for a hearing is received from the owner or custodian, the dog in question shall be disposed of under applicable provisions of law.

D. Request for and Conduct of Hearings.

1. Except as otherwise provided in subsection (C) of this section, the director shall conduct a hearing within 15 days following receipt of a written request from the owner or custodian requesting a hearing under this section. Notice of the time, date and place of the hearing shall be mailed to the person requesting the hearing at the address given in the hearing request, at least 10 days prior to the hearing. The director may appoint a hearing officer to take evidence, summarize the evidence presented and report his findings and recommendations based on such evidence to the director, or the director may personally conduct the hearing.

2. At the hearing each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses, impeach any witness, and to rebut the evidence against him. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant or unduly repetitious evidence shall be excluded.

3. Within 15 days following the conclusion of the hearing, the director shall determine, based upon all the evidence presented to him, or on the summary of evidence and findings of fact and recommendations of the hearing officer, as applicable, whether any designation, impoundment and/or abatement under this section should be upheld, rescinded or amended. Within five working days following such decision, the director shall notify, in writing, the person requesting the hearing of his determination.

E. Change of Circumstances. In the event of changed circumstances, the director may amend or rescind any abatement and/or impoundment imposed pursuant to subsection (A)(5) of this section. Any such revision to the abatement and/or impoundment due to changed circumstances shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections (B), (C) and (D) of this section.

F. Change of Ownership, Custody and/or Residence. Owners of a vicious dog who sell or otherwise transfer the ownership, custody or residence of the dog shall, at least 10 days prior to the sale or transfer, inform the director in writing of the name, address and telephone number of the new owner, custodian and/or residence and the name and description of the dog. The owner shall, in addition, notify the new owner or custodian in writing of the details of the dog’s record, terms and conditions of maintenance and provide the director with a copy thereof containing an acknowledgement by the new owner or custodian of his receipt of the original. The director shall notify the new owner or custodian in writing of any different or additional restrictions or conditions imposed pursuant to subsection (A)(5) of this section as a result of the change of ownership, custody or residence. The imposition of any such different or additional restrictions or conditions shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections (B), (C) and (D) of this section.

G. Possession Unlawful. It is unlawful to have custody of, own or possess a vicious dog within the meaning of AVMC 6.02.010 unless it is restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person.

H. Declared Vicious Dog. It shall be unlawful for the owner and/or custodian of a dog declared vicious pursuant to subsection (A) of this section to fail to comply with any requirements or conditions imposed pursuant to subsection (A)(5) of this section. If a vicious dog escapes, the owner and/or custodian shall immediately notify the director and make every reasonable effort to recapture it. [Ord. 2012-145 § 10; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-36)].