Arcadia Municipal Code Div. 8 Vicious and Dangerous Dogs

Whenever in this Division the following terms are used, they shall have the meaning ascribed to them in the following subsections, unless it is apparent from the context thereof that some other meaning is intended.

Vicious and dangerous dog shall mean:

(a) Any dog that when unprovoked inflicts injury, bites, attacks, or kills a human being or domestic animal; or

(b) Any dog that in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or

(c) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

(d) Any dog which engages in, or is found to have been trained to engage in, exhibitions of dog fighting; or

(e) Any dog at large found to attack, menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal or person upon the streets, sidewalks, or any public grounds or places; or

(f) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.

Enclosure means a fence or structure suitable to prevent the entry of young children, which is suitable to confine a dangerous and vicious dog with adequate exercise area, and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the Penal Code.

Impounded means taken into the custody of the City pound.

Hearing officer means any person or entity designated by the City Manager of the City to administer and conduct hearings pursuant to this Division.

City Poundmaster or Poundmaster means the City of Arcadia or whatever entity performs any of the animal control functions for the City of Arcadia.

Chief of Police means the Chief of the Arcadia Police Department, or designee.

(a) This Division does not apply to:

(1) Licensed kennels, humane society shelters, animal control facilities, or veterinarians; or

(2) Dogs while utilized by any police department or any law enforcement officer in the performance of police work.

(b) In addition, no dog may be declared vicious and dangerous if:

(1) Any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass with the intent to commit a crime or other tort (other than a mere trespass) upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime; or

(2) The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault; or

(3) An injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog; or

(4) The injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(a) The Poundmaster or any Peace Officer shall have the power to summarily and immediately seize and impound a dog appearing on or off leash in any public place, neighborhood or other public location, where there is probable cause to believe that a dog has attacked, assaulted, bitten or injured any human being or other animal, or the dog poses an immediate threat to public safety. The Poundmaster or any Peace Officer may enter and inspect private property to enforce the provisions of this Division.

(b) The owner or keeper of the dog shall be entitled to a hearing upon the seizure pursuant to this Division. Within forty-eight (48) hours of the seizure, the Poundmaster shall provide written notice to the owner or keeper of the dog stating the reason(s) for the seizure and informing the owner or keeper of his or her right to a hearing. This notice must also include the date, time, and location of the hearing. The Hearing Officer shall, within ten (10) working days following the seizure and impoundment or such later date allowed or required pursuant to Section 4128.4, conduct a hearing for a determination of the dog as vicious and dangerous.

(c) The owner or keeper of the dog shall be liable to the Poundmaster for the costs and expenses of keeping the dog, if the dog is later adjudicated vicious and dangerous.

(d) Failure to surrender to the Poundmaster upon demand a dog which is subject to being impounded pursuant to this Division is a misdemeanor.

(e) In lieu of impound, the Poundmaster may permit the dog to be confined at the owner's or keeper's expense in an approved kennel or veterinary facility within the City or at the owner's or keeper's residence provided that the owner or keeper:

(1) Shall not remove the dog from the kennel, veterinary facility or residence without the prior written approval of the Poundmaster; and

(2) Shall upon demand make the dog available for observation and inspection by the Poundmaster or its authorized representatives.

(Amended by Ord. 2194 adopted 7-6-04)

(a) Hearing. The Hearing Officer shall conduct a hearing to determine whether or not a dog confined or impounded is a vicious and dangerous animal. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the Poundmaster to find probable cause shall be sworn to and verified by the complainant. The Hearing Officer shall notify the owner or keeper of the dog that a hearing will be held by the Hearing Officer at which time he or she may present evidence as to why the dog should not be declared vicious and dangerous. The owner or keeper of the dog shall be served with notice of the hearing and copies of any complaints received, either personally or by first-class mail with return receipt requested. The hearing shall be held no fewer than five working days after service of notice upon the owner or keeper of the dog. For purposes of this Division, service shall be deemed complete upon personal service on the owner or keeper or, if service is effectuated by mail, the service shall be deemed complete five (5) days after deposit in the mail if the owner or keeper's address is within the State of California, ten (10) days if the owner or keeper's address is outside the State of California but within the United States, and twenty (20) days if the owner or keeper's address is outside the United States. The hearing shall be open to the public. The Hearing Officer may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, subpoena witnesses and documents and shorten the time to produce records or witnesses. The Hearing Officer may find, upon a preponderance of the evidence, that the dog is vicious and dangerous and make orders reasonable and appropriate to mitigate or eliminate the threat posted by the vicious and dangerous dog, and such other orders as may be authorized by or consistent with this Division.

(b) Determination of Vicious and Dangerous Dog. In making a determination that a dog is or is not vicious and dangerous, evidence of the following shall be considered:

(1) Any previous history of the dog attacking, assaulting, biting, or causing injury to a human being or other animal;

(2) The nature and extent of injuries inflicted and the number of victims involved;

(3) The place where the attack, assault, bite or injury occurred;

(4) The presence or absence of any provocation for the attack, assault, bite or injury;

(5) The extent to which property has been damaged or destroyed;

(6) Whether the dog exhibits characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

(7) Whether the dog exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;

(8) Whether the dog can be effectively trained or retrained to change its temperament or behavior;

(9) The manner in which the dog had been maintained by its owner or keeper;

(10) Any other relevant evidence concerning the maintenance of the dog;

(11) Any other relevant evidence regarding the ability of the owner or keeper, or the Poundmaster, to protect the public safety to the future if the dog is permitted to remain in the City.

(c) The Hearing Officer may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing.

(a) Within fifteen (15) days following the hearing, the Hearing Officer shall issue his or her decision and notify the owner or keeper of the dog in writing of the determination and orders issued, either personally or by first-class mail postage prepaid.

(b) If a determination is made that the dog is vicious and dangerous, the owner or keeper shall comply with any and all orders of the Hearing Officer in accordance with a time schedule established by the Hearing Officer, but in no case more than thirty (30) days after the date of the determination or thirty five (35) days if notice of the determination is mailed to the owner or keeper of the dog. The requirements may include, but are not limited to, the following:

(1) All vicious and dangerous dogs must be properly licensed and vaccinated. The Poundmaster shall include the vicious and dangerous dog designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court or Hearing Officer has determined the designation applies to the dog. The Poundmaster may charge a vicious and dangerous dog designation fee to be established and amended by the City Council by resolution, in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog.

(2) A vicious and dangerous dog, while on the owner's or keeper's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A vicious and dangerous animal may be off the owner's or keeper's premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult.

(3) If the dog in question dies, or is sold, transferred, or permanently removed from the City, the owner or keeper of a vicious and dangerous dog shall notify the Poundmaster of the changed condition and new location of the dog in writing within five (5) working days.

(c) If the owner or keeper of the dog contests the determination, he or she may, within five (5) days of the receipt of the notice of determination, appeal the decision of the Hearing Officer to the Superior Court of the County. The contesting owner or keeper of the dog shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party.

(d) The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to the viciousness and danger of the dog and make other orders authorized by this Division, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in this Division. The court may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, subpoena witnesses and documents and may shorten the time to produce records or witnesses. The issue shall be decided upon the preponderance of the evidence. If the court rules the dog to be vicious and dangerous, the court may establish a time schedule to ensure compliance with this Division, but in no case more than thirty (30) days subsequent to the date of the court's determination or thirty five (35) days if the service of the judgment is by first-class mail.

(e) The determination of the Hearing Officer or, if contested pursuant to this Division, the court hearing the appeal, shall be final and conclusive upon all parties.

If there are no additional instances of the behavior described in Section 4128.1 within a thirty-six (36) month period from the date of designation as a vicious and dangerous dog, the dog shall be removed from the list of vicious and dangerous dogs. The dog may, but is not required to be, removed from the list of vicious and dangerous dogs prior to the expiration of the thirty six (36) month period if the owner or keeper of the dog demonstrates to the Poundmaster that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.

(a) A dog determined to be a vicious and dangerous dog may be destroyed by the Poundmaster when it is found, after proceedings conducted under Section 4128.4, that the release of the dog would create a significant threat to the public health, safety, and welfare.

(b) If it is determined that a dog found to be vicious and dangerous shall not be destroyed, the Hearing Officer or, if appealed, the court, shall impose conditions upon the ownership and keeping of the dog that protect the public health, safety, and welfare.

The owner or keeper of a dog determined to be a vicious and dangerous dog may be prohibited by the Hearing Officer, or if contested, the court, from owning, possessing, controlling, or having custody of any dog for a period of up to three (3) years, when it is found, after proceedings conducted under Section 4128.4, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

The failure of an owner or keeper to comply with an order issued by the Hearing Officer is hereby declared a public nuisance. Such public nuisance may be punished as a misdemeanor with a fine not to exceed one thousand dollars ($1,000), remedied by way of a civil action prosecuted by the City Attorney, or abated by the Poundmaster pursuant to Section 4128.10 of this Division. All fines paid pursuant to this Section shall be paid to the City for the purpose of defraying the cost of the implementation of this Division. Nothing contained in this Division shall be construed as limiting the authority of the City to pursue any other remedy or remedies provided at law or in equity relating to vicious and dangerous dogs, including, without limitation, a criminal action pursuant to this Code, the issuance of administrative citations pursuant to Chapter 8.12 of this Code, or a civil action.

(a) If an owner or keeper of a dog fails to comply with an order issued by the Hearing Officer, the Poundmaster or his or her designee may abate the nuisance and for such purpose, the Poundmaster may enter upon private property and relocate the dog(s) thereon or remove the dog(s) therefrom.

(b) Any dog removed pursuant to Section 4128.10(a) of this Division shall be delivered to the Poundmaster for safekeeping or disposal pursuant to Part 1 of this Chapter. After completion of any such relocation or removal, the Poundmaster shall prepare and transmit to the City Council a statement of the costs and expenses of such relocation or removal, which costs and expenses shall include administrative overhead expenses. The Poundmaster shall also transmit by registered mail or by personal delivery a copy of such costs and expenses to the person against whom the same is to be charged, together with the notice of the time and place at which the City Council shall consider and pass upon such statement of expenses, which time shall not be less than ten (10) days after such service of the notice herein described. At the time specified in such notice, the City Council shall consider the costs and expenses incurred in such relocation or removal and by resolution shall determine the amount of such costs and expenses and shall order and cause the same to be paid and levied as a special assessment against the real property upon which the work was performed.

(c) In addition to the foregoing, the Poundmaster may execute a Notice of Lien describing the real property upon which any work was performed under Section 4128.10(a) of this Division, the authority under which such work was done, the cost of such work as determined by the City Council, and specifying that such amount shall bear interest at the rate of six percent (6%) per annum from the date of the City Council's determination of cost until the same is paid and may record the same in the office of the County recorder.

(Division 8 added by Ord. 2157 adopted 1-7-03)