Anderson Municipal Code Ch. 6.29 Potentially Dangerous Dog and Vicious Dog

There have been and will be in the future, dogs which are potentially dangerous or vicious and which, as such, constitute a public nuisance which should be abated. The provisions of this chapter are intended to provide a process whereby dogs determined to be a public nuisance, following a hearing at which oral and documentary evidence is considered, may be abated.

(Ord. No. 817, § 3, 8-21-2018)

The provisions of this chapter shall control over any contrary provisions of this title. When other provisions of this title impose further penalties and requirements beyond this chapter, those additional requirements shall remain applicable except where a contrary intention is clearly evident.

(Ord. No. 817, § 3, 8-21-2018)

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

"Potentially dangerous dog" means:

A. Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior is presumed to be potentially dangerous:

1. An attack which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peacefully and lawfully;

2. An attack which results in an injury to a person in a place where such person is conducting himself peacefully and lawfully;

3. Any behavior that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peacefully and lawfully;

4. Any attack causing injury to another domestic animal or livestock;

5. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

"Vicious dog" means:

A. Any dog which in an aggressive manner, inflicts severe injury on or kills any domestic animal or human being.

B. Any dog previously determined by the city to be a potentially dangerous dog which repeats any of the behavior which formed the basis for such determination.

"Severe injury" means:

A. Any physical injury to a human being that results in muscle tears, disfiguring lacerations, broken bones, or requires multiple sutures, or cosmetic, reconstructive or corrective surgery.

(Ord. No. 817, § 3, 8-21-2018)

Dogs designated as potentially dangerous or vicious dogs are hereby declared to be a public nuisance and subject to abatement according to law.

(Ord. No. 817, § 3, 8-21-2018)

A. Any dog which bites, attacks or causes injury to any human being or domestic animal may be immediately seized by the police chief or his or her designee and impounded pending a hearing and determination pursuant to this chapter. The costs of any impoundment shall be paid by the dog owner in addition to any fines imposed for violation of this chapter. Payment for impoundment shall be made at time of the release of the dog, or within fifteen days following a final determination of the dog as a dangerous or vicious pursuant to this chapter.

B. The police chief or his or her designee may continue to impound any dog under this section until a hearing has been conducted as set forth in Section 6.29.060, and a determination made by the hearing officer.

(Ord. No. 817, § 3, 8-21-2018)

Upon reasonable information, the police chief or his designee shall provide notice and initiate a hearing in accordance with the following procedures to determine whether a dog is potentially dangerous or vicious:

A. Notice of hearing under this section, or any other provision of this chapter, shall be served in any of the following means:

1. Personal service on the owner.

2. Certified mail at the last known address of the owner, postage prepaid, return receipt requested.

3. Posting the notice conspicuously on or in front of the property where the dog was last to be kept.

B. The failure of the owner or keeper to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this chapter.

C. The hearing must be held promptly not less than five working days or more than ten working days after service of the notice on the owner of the dog.

D. The police chief, or his or her designee, shall act as the hearing officer at the hearing to determine whether the dog is a potentially dangerous or vicious dog. A nonrefundable fee as set by resolution of the city council shall be deposited by the dog owner, with the city to defray the city's reasonable costs of processing the dangerous dog hearing. The owner or custodian of the dog and any interested parties may present testimony and relevant evidence helpful to a determination. The testimony presented shall be sworn testimony and shall be tape-recorded. Following submission of all evidence, the hearing officer shall make a determination, which decision shall be final and not subject to appeal except by petition or application to a court of law. The hearing officer shall issue the determination within ten days from the date of the hearing.

E. If the hearing officer determines that the dog is potentially dangerous or vicious, impoundment of the dog under Section 6.29.050 may be continued until a determination becomes final and disposition of the dog is resolved. If legal proceedings challenging the decision are instituted and a notice is served within the time set forth in Section 6.29.130, then administrative enforcement shall be suspended pending a final determination by the court.

(Ord. No. 817, § 3, 8-21-2018)

A. If there has been a final determination pursuant to Section 6.29.060 that the dog is potentially dangerous, then the hearing officer shall order that within no more than fifteen days from receipt of the determination by the hearing officer, the owner of the potentially dangerous dog comply with the conditions of maintenance and control of the dog set forth in Section 6.29.080. If the owner or custodian of a dog determined to be potentially dangerous or vicious is unable to demonstrate to the satisfaction of the police chief, or his or her designee, within fifteen days of receipt of such determination that all of the conditions set forth in Section 6.29.080 can be met, then the police chief, or his or her designee, has discretion to either require the permanent removal of the dog from the jurisdiction under terms and conditions designed to protect public safety and welfare or to order that the dog be humanely destroyed.

B. If there has been a final determination pursuant to Section 6.29.060 that the dog is a vicious dog, then the police chief, or his or her designee, shall determine either (1) that within no more than fifteen days the owner of the vicious dog must comply with the conditions of maintenance and control of the dog set forth in Section 6.29.080; or (2) the subject animal is found to be dangerous and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner it would create a significant threat to the public health, safety, or welfare, and that the subject animal shall be destroyed as permitted under California Food and Agricultural Code Section 31645 or its successor provisions.

C. Any determination that a dog is potentially dangerous or vicious will exist for the life of the dog, unless the owner can establish to the police chief, or his or her designee, that changes in circumstances or measures taken by the owner, such as training the dog, have mitigated the risk to the public.

(Ord. No. 817, § 3, 8-21-2018)

No person shall own, maintain or possess a dog determined to be a potentially dangerous or vicious dog, except upon meeting all of the following conditions:

A. The dog shall at all times wear in a conspicuous manner a fluorescent orange "Dangerous Dog" collar at least one inch in size around its neck as evidence that it has been found to be a potentially dangerous or vicious dog.

B. The dog shall not be permitted to be loose, or to create any danger to the peace, health, or safety of the people in the vicinity of the location where it is kept or maintained.

C. The dog shall be kept securely within a cage or a building; or within a fenced area accessible only by the dog's owner or custodian of the premises. The type of enclosure shall be determined by the police chief, or his designee, as to where the dog shall be maintained. The area shall be posted to warn of the presence of a potentially dangerous or vicious dog. Signs shall be placed at each point of access where the dog may be present.

D. The dog shall be provided with proper and adequate food, water, ventilation, shelter, and care at all times. The dog may not be subject to neglect, suffering, cruelty, or abuse.

E. The city shall be allowed at any reasonable time, but not longer than twenty-four hours after notice, to inspect the dog and the conditions of care and maintenance of the potentially dangerous or vicious dog. Any costs for inspection shall be borne by the owner.

F. The dog shall not be allowed to have contact with children that are younger than eleven years of age and who are not residents on the premises where the dog is kept.

G. The dog shall be spayed or neutered, and a microchipped with information which identifies the dog as potentially dangerous or vicious shall be placed on the dog in a location specified by the police chief, or his designee, all at the owner's expense within fifteen days of the final determination that the dog is potentially dangerous or vicious. It shall be at the city's discretion if the animal be taken straight from impoundment to the veterinarian of the owner's choice for such surgery. The city will then be provided with proof of the surgery for the file.

H. Proof satisfactory to the police chief of liability insurance secured by the owner of the property where the dog is to be maintained shall be presented to the city with minimum coverage limits against injuries or damages arising out of actions of such dog in the amount of at least three hundred thousand dollars.

I. Such other conditions that the police chief or his designee may specify.

J. The owner or the keeper of any dog determined to be a dangerous or vicious under this chapter must notify the city immediately if the dog is on the loose or unconfined.

K. The owner or keeper of any dog determined to be dangerous or vicious under this chapter must notify the city if the dog dies, is sold, transferred, kept in a new location, or the owner or keeper changes addresses.

(Ord. No. 817, § 3, 8-21-2018)

If a dog is found to be potentially dangerous or vicious, it shall be so designated in the records of the police chief or his designee. The owner or keeper of a potentially dangerous or vicious dog shall in addition to the regular licensing fees pay the police chief, or his designee, an annual permit fee to provide for the increased costs of maintaining the records of the dogs. These fees will be set by resolution of the city council.

(Ord. No. 817, § 3, 8-21-2018)

Upon reasonable information that the conditions of owning or maintaining a potentially dangerous or vicious dog have been violated, the police chief, or his or her designee, shall impound the dog and order a hearing in accordance with the procedures of Section 6.29.060(B) of this chapter to determine if the conditions of Section 6.29.070 have been violated. If there is a final determination that any of the conditions of maintaining or controlling a potentially dangerous or vicious dog have been violated, then after the time for appeal has lapsed the police chief, or his or her designee, has discretion to either require the permanent removal of the dog from the jurisdiction under terms and conditions designed to protect public safety and welfare or to order that the dog be humanely destroyed.

(Ord. No. 817, § 3, 8-21-2018)

If pursuant to Section 6.29.060 or Section 6.29.090 of this chapter the police chief, or his designee, orders that the potentially dangerous or vicious dog be destroyed, and the dog has not been impounded under this chapter, then the owner or custodian of the dog shall comply within fifteen days by either:

1. Delivering the dog to the police chief or his designee for destruction; or

2. Having the dog humanely destroyed by a licensed veterinarian.

If a veterinarian destroys the dog, then proof of destruction shall be supplied by a declaration under penalty of perjury signed by the veterinarian for the police records. Refusal to comply with the order of the police chief or his designee shall be punishable as a misdemeanor.

(Ord. No. 817, § 3, 8-21-2018)

Any dog, which is assisting a peace officer engaged in law enforcement duties, shall be exempt from the provision of this chapter.

(Ord. No. 817, § 3, 8-21-2018)

A. Any determination made after a hearing under Section 6.29.060 of this chapter shall be final and conclusive as to the city and may not be appealed except as provided in subsection B of this section.

B. Judicial review of a final decision under Section 6.29.060 may be had by filing a petition for writ of mandate in accordance with the Code of Civil Procedure.

C. Any petition for appeal filed in accordance with subsection B of this section shall be served on the city clerk within ten days of the final decision of the hearing officer.

(Ord. No. 817, § 3, 8-21-2018)

Any violation of this chapter or any order issued by a hearing officer pursuant to this chapter is a misdemeanor.

(Ord. No. 817, § 3, 8-21-2018)