Beaumont Municipal Code Ch. 6.12 Vicious Animals

The keeping of an animal defined as vicious shall be declared a public nuisance and shall be abated in accordance with the provisions of this Chapter. The procedure for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City Titles or abating public nuisances in any other manner provided by law including, but not limited to, California Civil Code Section 3062.5. Further, this Chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is vicious.

(Ord. 1005, 10-18-11)

"Vicious dog" means any of the following:

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

B. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

C. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code.

D. "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog 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.

(Ord. 1005, 10-18-11)

Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter, or whenever an Animal Services Officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or other applicable law, an Animal Services Officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Animal Services Officer by this Code or other applicable law; provided that:

A. If such property is occupied, he/she shall first present proper credentials to the occupant and request entry explaining the reasons therefore. If such entry is refused, the Animal Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant.

B. If such property is unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Animal Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant.

C. Notwithstanding the foregoing, if an Animal Services Officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the life or safety of the animal, other animals, or the public, he/she shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he/she shall first present proper credentials to the occupant and demand entry, explaining the reasons therefore and purpose of the inspection.

D. No person shall interfere with, hinder, fail or refuse, after proper demand has been made upon him or her as provided in Subsection C of this Section, to permit any Animal Services Officer to make any inspection provided by Subsection C of this Section. Any person violating this Section may be charged with a misdemeanor.

(Ord. 1005, 10-18-11)

A. A person who owns or is in charge of or controls or who possesses an animal who permits, allows, or causes the animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person shall be guilty as provided in Subsection B of Section 6.12.080 of this Chapter if such animal bites, attacks or causes injury to any human being or other animal.

B. Any person who convicted of violating Subsection A of this Section shall not own, possess, control or have custody of any animal of the type, species, group or family which caused the bite, attack or injury for a period of three years after the date of conviction.

(Ord. 1005, 10-18-11)

A. The Animal Services Officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending:

1. Any court proceeding; or

2. A hearing to be held pursuant to Chapter 6.22 of this Title. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be vicious.

B. Failure to surrender to the Animal Services Officer upon demand an animal which is subject to being impounded pursuant to this Section shall be penalized as provided in Subsection B of Section 6.12.080.

C. An animal impounded pursuant to the authority of this Section shall be returned to the owner as provided by Section 6.12.060 of this Chapter, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to Section 6.12.050 of this Chapter to declare the animal a vicious animal has not been served on the owner or custodian within 15 working days after the impoundment.

D. In lieu of impounding and if not contrary to public safety, the Animal Services Officer may permit the animal to be confined at the owner's expense in an Animal Services Officer-approved kennel or veterinary facility or at the owner's residence provided the owner:

1. Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the Animal Services Officer; and

2. Shall make the animal available for observation and inspection by the Animal Services Officer or members of law enforcement or their authorized representatives. The Animal Services Officer shall dictate to the owner the exact way the animal is to be restrained while awaiting the hearing.

E. The Animal Services Officer may have an animal that has been impounded or confined permanently identified by means of photo identification prior to release from impoundment or confinement.

F. If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray.

(Ord. 960, 10/20/09; § 1; Ord. 1005, 10-18-11)

A. Petition. If the animal services officer has investigated and determined that there exists probable cause to believe that an animal is vicious, the Animal Services Officer shall petition the Chief of Police for a hearing for the purpose of determining whether the animal should be declared vicious. The hearing shall be conducted pursuant to the provisions of Chapter 6.22 of this Title.

B. Determinations of Vicious Animals—Evidence. In making a determination that an animal is or is not vicious, evidence of the following shall be considered:

1. Any previous history of the animal attacking, biting or causing injury to a human being or other domestic animal;

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

3. The place where the bite, attack or injury occurred;

4. The presence or absence of any provocation for the bite, attack or injury;

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

6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

7. Whether the animal exhibits any characteristics aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals;

8. Whether the animal can be effectively trained or retrained to change its temperament or behavior;

9. The manner in which the animal had been maintained or cared for by its owner;

10. Any other relevant evidence concerning the maintenance or care of the animal; and;

11. Any other relevant evidence regarding the ability of the owner or the Animal Services Officer, to protect the public safety in the future if the animal is permitted to remain in the City.

C. Vicious Animal Declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is vicious and may make other orders authorized by this Chapter and other law.

(Ord. 1005, 10-18-11)

A. The owner of an animal which has bitten any person or a domestic animal, or has otherwise been determined, after a hearing, to be vicious, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which contains any or all of the following conditions requiring the owner:

1. Registration. To immediately register the animal that is found to be vicious with the Animal Services Officer, to comply with the Animal Services Officers requirements for vicious animals (including, but not limited to, requiring the animal to wear a visible, vicious animal tag), and to keep such animal properly vaccinated at all times. The owner shall pay a fee to keep or maintain one vicious animal for a 12-month term and an additional fee for each additional vicious animal. The fee shall be paid for each 12-month term. Should the animal die in any four month term, the owner shall notify the Animal Services Officer of the death within two working days of the death. The owner shall provide proof of the death to the satisfaction of the Animal Services Officer. The amount of the fees shall be established from time-to-time by resolution of the City Council.

2. Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the Animal Services Officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine the animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the side of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house an animal must comply with all zoning and building regulations of the City. All such structures must be adequately lighted, ventilated, and kept in a cleaned sanitary condition.

3. Confinement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person 18 years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure.

4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the Animal Services Officer.

5. Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless 30 days written notice is first given to the Animal Services Officer and the City Clerk's office.

6. Notification. To immediately inform any City, county, postmaster and utility company meter reader and anyone-else that lawfully comes onto the property, of the animal's dangerousness and to inform the Animal Services Officer and/or the hearing officer if the animal is moved to another location inside or outside the City limits as provided in Section 6.06.150 of this Chapter.

7. Signs. To display in a prominent place on the premises a sign easily readable by the public using the words "Beware of Dog" or "Beware of Animal" in letters at least three inches high.

8. Identification. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal's inner thigh or inserted by a licensed veterinarian under the animal's skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purposes of this Section, "tattoo" shall be defined as any permanent numbering of an animal by means of indelible or permanent ink.

9. Inspection. To consent and agree to the entry upon the premises to any Animal Services Officer for the purpose of inspecting the animal and/or premises.

10. Payment of Costs. To make reasonable payment of one-half of the costs incurred by the City and the Animal Services Officer in the hearing process, not to exceed $1,000.00.

11. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public. The owner of the animal shall comply with the conditions imposed by the hearing officer within the time limit specified in Section 6.12.070 of this Chapter.

B. No vicious animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure.

C. If, following the hearing, the subject animal is found to be vicious 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, such animal may be destroyed. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, Section 6.12.080(A), which authorizes the hearing officer to order an animal destroyed for violation of this Chapter or failure to meet a condition imposed by the hearing officer.

D. Any decisions made by the hearing officer shall be final.

E. If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, then the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be vicious, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.

F. If such an unlicensed animal has not been determined to be vicious, it shall be returned to the owner, subject to the issuance of a citation for failure to obtain a license. A non-vicious stray animal will be handled as any other stray animal.

G. In such cases where an impounded licensed animal is found to be vicious, the animal may be released subject to the conditions set forth in Subsection A of this Section.

(Ord. 1005, 10-18-11)

A. Sale or Transfer within City. No person shall sell, transfer or in any other way dispose of an animal deemed vicious under this Chapter to any person within the City, including, but not limited to, temporary housing in privately-owned and commercial kennels unless the recipient person resides permanently in the same household and on the same premises as the owner of such animal.

B. Sale or Transfer Outside City. The owner of an animal that has been deemed vicious under this Chapter may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the City, provided the owner first notifies the hearing officer and the Animal Services Officer of the proposed sale or transfer. Such notice shall be given not less than 15 days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the Animal Services Officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the Animal Services Officer.

C. Sale or Transfer Into City. It is unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the City limits that has been deemed by another governmental jurisdiction to be potentially dangerous, vicious, or a threat to the safety of human beings or domestic animals. The Animal Services Officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the City. Should such person fail to comply with the Animal Services Officer's order, the Animal Services Officer may summarily and immediately impound the animal. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may then be disposed of in accordance with the provisions of this Chapter.

D. Fight Training and Animal Abuse Prohibited. It is unlawful to use, train, keep, harbor, own or in any way possess or transport through the City an animal for the purpose of animal fight exhibitions. Scars and wounds are rebuttal evidence of participation in animal fight exhibitions or training. "Fight training" is defined to include, but not limited to:

1. The use or possession of treadmills for fight training;

2. Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions;

3. The use of weights on the animal for fight training;

4. The use of other animals for blood sport training;

5. Any other activity, the primary purpose of which is the training of animals for animal fight exhibitions. It is further unlawful for anyone to knowingly abuse any animal within the City limits.

E. Rewards. Subject to the budgetary and fiscal provisions of this Code, the City is authorized to offer rewards not exceeding $250.00 to any person providing information leading to the arrest of any person for violations of prohibitions against the training of an animal for fight exhibitions. The City Council may authorize said rewards by resolution upon the request of the City Manager, Animal Services Officer or the Mayor.

(Ord. 1005, 10-18-11)

A. Failure to Comply. It is unlawful for the owner of an animal deemed vicious under this Chapter to fail to comply with the requirements and conditions set forth in this Chapter. Any animal found to be the subject of a violation of this Chapter or of any condition imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the destruction of the animal. No such animal however, may be destroyed until the owner of the animal has received written notice from the hearing officer that the animal will be destroyed unless, within 14 days from the date of the notice:

1. The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this Chapter, including, but not limited to, the conditions imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter; or

2. The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer. The notice from the hearing officer shall be served upon the owner either personally or by prepaid first-class mail. If, after 14 days from the date of such notice, the owner has not complied with the provisions of Subdivisions 1 or 2 of this Subsection, the hearing officer may, without further notice or process, have the animal destroyed.

B. Violation—Penalties. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.100 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.06.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.06.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.06.010. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation

C. Ownership of Vicious Animals. The owner of an animal determined to be vicious under this Chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to Section 6.12.070 of this Chapter that ownership or possession of such animal by that person would create a significant threat to public health, safety or welfare.

D. Enforcement. Any provision of this Chapter may be enforced by the Police Department, Fire Department, the Animal Services Officer or any authorized designee of the City Manager. Complaints of any violations of this Chapter which are subject to penalties under this Section may be presented to the District Attorney's office or to the City Attorney for prosecution.

E. Nuisance Abatement Lien. The costs of abating a public nuisance pursuant to the provisions of this Chapter may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within 30 days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by Section 38773.1 of the California Government Code. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in said Section 38773.1.

F. Penalties and Remedies Cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue anyone or more of the penalties or remedies provided for herein or at law or in equity.

(Ord. 1005, 10-18-11)

The provisions contained in this Chapter shall not apply to:

A. Any dog while utilized by any police department or any law enforcement officer in the performance of police work;

B. Any animal shelter owned, operated or maintained by the Animal Services Officer; or

C. Any humane society shelter, animal control facility or veterinarian

(Ord. 1005, 10-18-11)