Beaumont Municipal Code Ch. 6.10 Potentially Dangerous Dogs

For the purposes of this Chapter, the following words and phrases shall have the meanings:

a. Potentially dangerous dog means any of the following:

(1) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

(2) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in subparagraph B below.

(3) Any dog which, 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 the dog.

b. 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.

(Ord. 1005, 10-18-11)

This chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians; or any dogs while utilized by any police department or any law enforcement officer in the performance of police work.

(Ord. 960, 10/20/09; § 1)

a. If the Animal Services Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous, the Officer shall prepare and serve a Notice of Hearing on the owner or keeper of such dog.

b. The Notice of Hearing shall be served on the owner or keeper of the dog, by personal service or by first-class mail with return receipt requested.

c. Any and all complaints received from a member of the public which serves as an evidentiary basis for the Animal Services Officer's finding of probable cause shall be signed by the complainant and served concurrently with the Notice of Hearing.

d. The hearing shall be held pursuant to Chapter 6.22 of this Title. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous and may make such orders as are necessary to protect the public health, safety and welfare. Such orders may include, but are not limited to, those conditions set forth in Section 6.12.070 of this Code.

(Ord. 1035, 5-7-13)

If upon investigation it is determined by the Animal Services Officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Services Officer may seize and impound the dog pending the hearings to be held pursuant to this Chapter. The owner or keeper of the dog shall be liable to the City of Beaumont where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous.

(Ord. 1005, 10-18-11)

No dog may be declared potentially dangerous if the following conditions exist:

a. If any injury or damage is sustained by a person who, at the time of the injury or damage was sustained, was committing a willful trespass or other tort 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.

b. If the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

c. If an injury or damage was sustained by a domestic animal which at the time of the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.

d. If 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.

(Ord. 1005, 10-18-11)