Antioch Municipal Code Art. 8 Potentially Dangerous and Vicious Animals

(A) Purpose. The purpose of this article is to reduce the risk of serious attacks or bites by dogs or other animals. This article sets forth the procedures for finding an animal potentially dangerous or vicious and subject the animal to appropriate controls and enforcement actions. (See Cal. Health and Safety Code §§ 31601 et seq.; Cal. Food and Agric. Code §§ 31601 through 31683.)

(B) Definitions. For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.

POTENTIALLY DANGEROUS DOG OR ANIMAL. Any of the following, as determined by the city:

(a) A dog or other animal which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by a person or another animal to prevent bodily injury when the person and the dog are: off the property of the dog's owner; or on the property of the dog's owner by invitation or with implied permission. (See Cal. Food and Agric. Code § 31602);

(b) A dog or animal which, when unprovoked, bites a person causing a less severe injury than as defined here as a SEVERE INJURY (Cal. Food and Agric. Code §§ 31602 and 31064); or

(c) A dog or animal which, when unprovoked, has bitten, inflicted injury or otherwise caused injury attacking a domestic animal. (See Cal. Food and Agric. Code § 31602.)

SECURE ENCLOSURE. A kennel, pen or structure with secure sides and a secure, attached top. The kennel or pen shall be constructed in a manner so that it cannot be broken down by any action of the confined animal. All structures used for confinement of a vicious animal must be locked with a key or combination lock of sufficient strength to ensure confinement of the animal. The structures must be erected on a secure bottom or floor constructed of concrete or other material sufficient to prevent the animal from digging free. A vicious animal enclosed in a house, apartment, building or similar structure is allowed only where the windows and doors of the structure are secured to prevent the animal from exiting without the assistance of the owner or other person in control. (See also Cal. Food and Ag. Code § 31605.)

SEVERE INJURY. A physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. (See Cal. Food and Agric. Code § 31604.)

VICIOUS DOG OR ANIMAL. Any of the following, as determined by the city:

(a) A dog or animal seized under Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner under Cal. Penal Code § 597.5;

(b) A dog or animal which, when unprovoked, in an aggressive manner inflicts severe injury on or kills a person or a domestic animal;

(c) A dog or animal previously determined to be and currently listed as a potentially dangerous dog or animal which, after its owner has been notified of this determination: continues the behavior described as a potentially dangerous dog or animal; or is not kept indoors or secured on the owner's property. Here, SECURED means contained within a fence or structure suitable to prevent the entry of young children and to confine a potentially dangerous or vicious dog or animal, designed to prevent the animal from escaping. (See Food and Agric. Code §§ 31603, 31641, 31642 or 31643.)

(C) Other definitions in § 6-1.102 also apply unless the context indicates or requires a different meaning.

(Ord. 2083-C-S, passed 4-8-14)

If upon investigation the Animal Control Supervisor or law enforcement officer determines that probable cause exists to believe a dog or animal poses an immediate threat to public safety, then the Animal Control Supervisor or law enforcement officer may seize and impound the animal pending the opportunity for hearing under this section. (See Cal. Food and Agric. Code § 31625.) The animal's owner is liable to the city for the fees and costs of keeping the animal if it is determined to be potentially dangerous or vicious. At the Supervisor's discretion, the animal may be quarantined on the owner's property in an approved enclosure. (See Cal. Food and Agric. Code § 31605 regarding enclosure. See also definitions at § 6-1.801(B).) (See § 6-1.705(A) regarding fees and costs.)

(Ord. 2083-C-S, passed 4-8-14)

(A) Determination. In making a determination regarding whether the animal is potentially dangerous or vicious, the Animal Control Supervisor shall take into account the severity of the injury, the number of attacks, and the circumstances. No dog or animal may be declared potentially dangerous or vicious if:

(1) The injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the owner's premises, or was teasing, tormenting, abusing or assaulting it, or was committing or attempting to commit a crime.

(2) If it was protecting or defending a person within the immediate vicinity of the dog or animal from an unjustified attack or assault.

(3) Any other exception applies under Cal. Food and Agric. Code § 31626.

(B) Notice to owner; appeal.

(1) The Animal Control Supervisor or law enforcement officer shall attempt to notify the animal owner of the animal in writing of the impoundment and of the determination that the dog or animal is determined to be potentially dangerous or vicious. The notification shall include any requirements to be imposed upon the restraint and enclosure of the animal, or if the animal is proposed to be euthanized. The city may also notify the property owner, police department, fire department, post office and any utility companies of the determination and any requirements.

(2) The notice shall also contain information that the officer's determination may be appealed to the Board of Administrative Appeals, within the time specified in Municipal Code Title 1, Chapter 4, Appeals. The procedures and appeal period shall comply with Cal. Food and Agric. Code §§ 31621 through 31625.

(3) The Board of Administrative Appeals may decide all issues for or against the owner of the animal, even if the owner does not appear at the hearing. (See Cal. Food and Agric. Code § 31623.)

(4) The decision of the Board of Administrative Appeals may be appealed to the superior court under Cal. Food and Agric. Code § 31622.

(C) Permit. If not euthanized, an animal designated potentially dangerous or vicious may only be owned, kept or maintained upon issuance of a potentially dangerous or vicious animal permit. The Animal Control Supervisor shall impose conditions upon the ownership and custody of the dog or animal that protect the public health, safety and welfare. (See § 6-1.804.) The animal owner shall notify the Animal Control Supervisor within two working days if the animal dies or is sold, transferred or permanently removed from the city. (See Food and Agric. Code § 31643.) The owner is responsible for notifying the subsequent owner of the potentially dangerous or vicious designation.

(D) Violation of conditions. If a determination is made that the owner of the potentially dangerous or vicious animal has violated the conditions of a potentially dangerous or vicious dog permit, the permit is immediately revoked and the animal may be euthanized at the discretion of Animal Control.

(Ord. 2083-C-S, passed 4-8-14)

(A) If the Animal Control Supervisor determines an animal to be potentially dangerous, he or she shall include the potentially dangerous designation in the dog's registration records (See Food and Agric. Code § 31641), and may order any of the following actions, or a combination of them:

(1) Prior to release, at the owner's expense and as approved by the city:

(a) Have the animal micro-chipped for permanent identification, and identification numbers registered with Home Again Pet Recovery;

(b) Have the animal spayed or neutered;

(c) Reimburse the city for the cost of keeping the animal, if applicable;

(d) Pay a fine, up to $500 (see Cal. Food and Agric. Code § 31662);

(e) Have current rabies vaccination and dog license;

(f) Obtain liability insurance;

(g) For security:

1. Post a "BEWARE OF DOG" sign at each entry gate to rear and side yards;

2. At the premises, have exit gates and/or doors (including those into the residence and garage) which are self-closing, self-latching and in good working order;

3. Install a security screen door on the front door entrance;

(h) Sign city's terms and conditions declaration.

(2) Within 30 days of release. Satisfactorily complete a basic obedience/aggressive dog training course and provide proof of completion to the Animal Control Supervisor;

(3) At all times:

(a) Authorize Animal Services to inspect and approve the area(s) of confinement;

(b) When in public, the dog shall wear a humane muzzle, a dog harness and shall be restrained by a lease no longer than six feet and be under the control of a competent adult who is physically able to restrain the animal. The leash must be capable of restraining four times the weight of the animal. The animal shall not be leashed or tethered at any time to inanimate objects such as trees, posts, or buildings. The muzzling device for the animal must be constructed so that it is impossible for the animal to remove it without human assistance;

(c) The dog shall not be allowed loose in the front yard. An adult must be present and supervising the dog when it is loose in the side or rear yard;

(d) When unsupervised in the side or rear yard, the dog must be in a secure enclosure with the gate locked;

(e) The owner must immediately contact Animal Services if the dog escapes and owner's premises or bites a human or animal;

(f) Notify any caregiver or custodian of the terms and conditions;

(g) Have the a animal wear the special red tag indicating the dog is potentially dangerous (or vicious);

(h) Transportation of the animal shall only be in a locked animal carrier equivalent in construction quality to those used by commercial air carriers. The animal shall not be left unattended or loose in or about any motor vehicle;

(i) Comply with all applicable animal care and control laws.

(4) Notice of changes. The owner must notify the city before any change in location of the animal, or new ownership, at least seven days before the change. If a new location is in the city, it is subject to the inspection and prior approval of the Animal Control Supervisor. If the new location is outside the city, the Animal Control Supervisor shall notify the animal control department or police department of that city.

(5) Any other appropriate action.

(B) The animal shall be removed from the list of potentially dangerous animals if there are no additional instances of the behavior within a 36-month period. (See Cal. Food and Agric. Code § 31644.)

(Ord. 2083-C-S, passed 4-8-14)

(A) Actions. If the Animal Control Supervisor determines an animal to be vicious, he or she may order any of the following actions, or a combination of them:

(1) Any action set forth for a potentially dangerous animal, under § 6-1.804 above, except that the fine is up to $1,000; (See Cal. Food and Agric. Code § 31662.)

(2) Order the owner to surrender it to the Animal Services Officer for euthanizing; (See Cal. Food and Agric. Code § 31645.)

(3) Order that the owner may not own or possess any dog or other animal for a 36-month period; (See Cal. Food and Agric. Code § 31646.)

(B) Findings. Before allowing a person to keep a vicious animal, the Animal Control Supervisor must make all of the following findings:

(1) Allowing the person to keep the animal will not result in any detriment or danger to the peace, health or safety of the people in the vicinity of where the animal will be kept;

(2) Possession and maintenance of the animal at the location has not resulted in and is not likely to result in the animal being subjected to neglect, suffering, cruelty or abuse;

(3) The location is kept clean and sanitary, and the animal is provided with adequate food, water, ventilation, shelter and care at all times.

(4) Possession of the animal at the location does not violate any law, code or regulation; and

(5) The animal will not be kept at any other location than that specified in the order.

(C) Euthanizing dangerous dog or animal.

(1) A dog or animal determined to be vicious may be euthanized by the Animal Control Department when it is found that the release of the animal would create a significant threat to public health, safety and welfare; and:

(a) When the time for filing an appeal with the Board of Administrative Appeals has lapsed;

(b) If an appeal is filed, when the Board determined to rule against the appeal; or

(c) If the owner has not met the conditions imposed on releasing a vicious animal within 14 days.

(2) If there is a violation of this chapter, or a violation of any nonappealable order under this chapter after release of the animal that is observed by the Animal Services Officer, or sworn to in a written affidavit from a complaining party, the Animal Services Officer shall issue an order for the owner or possessor of the vicious animal to surrender the vicious animal to the Animal Control Supervisor for euthanizing. This order is subject to the appeal provisions set forth in Title 1, Chapter 4 of the Antioch Municipal Code.

(Ord. 2083-C-S, passed 4-8-14)

The Animal Control Supervisor may make whatever inspections deemed necessary to ensure compliance with this chapter, the orders or conditions, and any order of the Board of Administrative Appeals.

(Ord. 2083-C-S, passed 4-8-14)