Chapter 15.03 — POTENTIALLY DANGEROUS OR VICIOUS OR PUBLIC NUISANCE ANIMAL HEARINGS

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

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 or dangerous dogs.

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

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

A.

Potentially dangerous dog or animal is defined as any of the following:

Any dog or animal which when unprovoked, on two separate occasions within the prior 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.

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

Any dog or animal, when unprovoked, on two separate occasions within the prior 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.

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.

Any dog or animal, which on three separate occasions within a 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 Town of Apple Valley or was apprehended and/or impounded on three separate occasions for being unrestrained or uncontrolled off its owner's premises.

B.

Vicious dog or animal is defined as any of the following:

Any dog or animal seized under Penal Code § 599.a.a and upon the sustaining of a conviction of the owner or keeper under Penal Code § 597.5, subdivision (a).

Any dog or animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. Severe injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

Any dog or animal previously determined to be, and currently designated as, a "potentially dangerous or vicious dog or animal" which, after its owner or keeper has been notified of its determination, continues the behavior described above.

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

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 or vicious and has two or more filed sworn to and verified statements of facts received from witnesses, 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. The Animal Control Supervisor shall notify the owner or keeper of the dog or animal that an administrative hearing will be held by the Town of Apple Valley, 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 days, nor more than ten 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 Town Manager or designee shall conduct the administrative hearing.

Notice shall be substantiated in the form set forth below:

A Notice of Administrative Hearing for determination and disposition of Potentially Dangerous or Vicious Dogs or Animals.

This is a Notice of Administrative Hearing before the Town of Apple Valley Town Manager or designee to determine whether your dog or animal (name of dog or animal, description of animal if available) is a potentially dangerous or vicious dog or animal. If your dog or animal is found to be potentially dangerous and/or vicious as defined by the Town of Apple Valley Municipal Code Section 15.03.020 the Town Manager or designee as Hearing Officer may issue any one or more but not limited to the following orders:

Dog or animal shall be properly licensed and vaccinated.

Dog or animal shall be maintained on owners property and be kept indoors or in a securely fenced yard from which the dog or animal cannot escape.

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.

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.

If the dog or animal dies or is sold, transferred or permanently removed from the Town of Apple Valley where the owner resides, the owner shall notify the Town of Apple Valley of the changed condition and new

location of the dog or animal within two days in writing.

The dog or animal shall be destroyed.

The dog or animal owner shall pay all costs incurred by the Town of Apple Valley for housing, maintenance, feeding, vet care during such time the dog or animal is in the custody of the Town of Apple Valley.

Dog or animal shall be required to be sterilized.

Any person keeping or harboring any dog or animal deemed vicious within the Town of Apple Valley must provide proof of ability to respond in damages up to $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.

You have five 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 the dog or animal will become property of the Animal Control and be disposed of.

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.

A.

At the time stated in the notice of administrative hearing, the Town Manager or 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 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 or vicious and may make orders authorized by Section 15.03.030 of this Chapter. Said hearing may be continued from time to time.

B.

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 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 15.03.030.

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 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 30 days after the date of the determination or 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.

All potentially dangerous or vicious dogs or animals shall be properly licensed and vaccinated (when appropriate). The licensing authority shall include the potentially 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 Town of Apple Valley may charge a potentially 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.

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 the 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 Town of Apple Valley for all costs and expenses of keeping the dog or animal if the dog or animal is later adjudicated of being potentially dangerous or vicious.

B.

When a dog or animal has been impounded pursuant to Subdivision (a) 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 Town of Apple Valley approved kennel or veterinary facility.

If it is determined at the administrative hearing as provided in this Chapter that the dog or animal in question is potentially 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 Town of Apple Valley, 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. 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 Town 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 § 38773.5, and with the applicable provisions in Chapter 6.30 of the Town of Apple Valley Municipal Code.

The owner or keeper of any dog or animal determined to be potentially 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.

A.

A dog or animal determined to be potentially dangerous or vicious may be destroyed by the Town of Apple Valley 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 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.

A.

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

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.

When off the property of its owner or keeper, humanely muzzled (if appropriate) and leashed with a substantial leash not to exceed six ft. in length and under the control of a responsible adult.

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

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.

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.

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 ft. in length and shall be under the direct charge and control of its owner or adult keeper.

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.

A.

The owner or keeper of any dog or animal found to be potentially 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 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 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.

The owner or keeper of the potentially dangerous or vicious dog or animal determined to be potentially dangerous or vicious pursuant to this Chapter shall consent to inspection of the property where the dog or animal is kept upon 24-hour written notice by the Animal Control Department. Said inspection shall be set at a reasonable time and manner to verify full compliance with the requirements of this Chapter and/or the requirements of the orders issued by the Hearing Officer.

If there are no additional instances of the behavior described in Section 15.03.020 within a 36-month period from the date of designation as a potentially dangerous or vicious dog or animal, the dog or animal shall be removed from the list of potentially 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 36-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.

It is unlawful to own, harbor or keep any dog or animal found by another jurisdiction to be potentially dangerous or vicious. Any dog or animal that has previously been determined to be potentially 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 Town of Apple Valley.

Any violation of this Chapter involving a potentially dangerous dog shall be punished by a fine not to exceed $500.00. Any violation of this Chapter involving a vicious dog shall be punished by a fine not to exceed $1,000.00.

All fines paid pursuant to this Chapter shall be paid to the Town of Apple Valley where the violation occurred for the purpose of defraying the cost of the implementation of this Chapter.

(Ord. 154, 09-12-95; Ord. 186, 11-12-98)

CODE COMPARATIVE TABLE - ORDINANCES

This table gives the location within this Code (with the exception of Title 9) of those ordinances adopted since the 1988 Code, as revised and updated through December 2010, which are included herein. Ordinances not listed herein have been omitted as repealed, superseded or not of a general and permanent nature.