Burbank Municipal Code Art. 16 Potentially Dangerous

5-1-1601: EXCEPTIONS TO ARTICLE:

A. This article does not apply to licensed kennels, humane society shelters, field services facilities, or veterinary clinics.

B. This article shall not apply to any animal utilized by any fire department, fire district, police department or any fire or law enforcement officer in the performance of public safety work.

C. No animal may be declared potentially dangerous or vicious based on any injury or damage sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime. No animal may be declared potentially dangerous or vicious if the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault. No animal may be declared potentially dangerous or vicious if 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 animal.

D. No animal may be declared potentially dangerous or vicious based on an injury or damage to a domestic animal that was sustained while the animal was working, hunting, herding, or performing predator control 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 animal. This subsection does not limit the civil liability of the owner or keeper of an animal working, hunting, herding, or performing predator control that causes injury or damage to a domestic animal. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1602: DEFINITIONS:

A. As used in this article, the term “potentially dangerous animal” means any of the following:

Any animal 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 animal are off the property of the owner or keeper of the animal;
Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in subsection C of this section;
Any animal 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 animal.
Any animal which, after its owner or keeper has been notified that the animal is not properly licensed, vaccinated, restrained, or maintained so as to be contained on the owner’s property, as required by this chapter, and continues to be in violation of this chapter, and/or is not in compliance with any specific orders made by the hearing officer.
Any animal previously determined, by a presiding judicial or administrative officer, to be a potentially dangerous animal which, after its owner or keeper has been notified of this determination, continues behavior described in subsection A of this section or is maintained in violation of Food and Agriculture Code sections 31641, 31642, or 31643 or this article.

B. As used in this article, the term “vicious animal” means any of the following:

Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;
Any animal previously determined, by a presiding judicial or administrative officer, to be a potentially dangerous or vicious animal which, after its owner or keeper has been notified of this determination, continues behavior described in subsections A or B of this section or is maintained in violation of Food and Agriculture Code sections 31641, 31642, or 31643 or this article.
Any animal seized under Penal Code section 599aa and upon the sustaining of a conviction of the owner or keeper under Penal Code sections 597.5(a) or 597b.

C. As used in this article, the term “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.

D. As used in this article, the term “enclosure” means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or vicious animal in conjunction with other measures which may be taken by the owner or keeper of the animal. The enclosure shall be designed in order to prevent the animal from escaping. Any enclosure must conform with the requirements of Penal Code section 597t.

E. As used in this article, the term “impounded” means taken into the custody of the City’s Animal Shelter. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1603: PROCEDURE FOR DECLARING ANIMAL POTENTIALLY DANGEROUS AND/OR VICIOUS:

A. If an animal control officer or a law enforcement officer, hereinafter referred to as the Investigating Officer, has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, considering all relevant evidence, and not solely based on the breed of the animal, they shall petition the Superintendent of the City’s Animal Shelter, or their designee, to determine whether the animal is potentially dangerous or vicious. The Superintendent, or their designee, shall thereafter set a hearing pursuant to Food and Agriculture Code section 31621 for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious.

B. The Superintendent of the City’s Animal Shelter, or their designee, shall notify the owner or keeper of the animal that an administrative hearing to determine whether the animal is potentially dangerous or vicious will be held by serving a notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings under this chapter. The notice shall include the date, time, and location of the administrative hearing, a statement that the purpose is to determine whether the animal (named and described) is a potentially dangerous or vicious animal, and that if the animal in question is found to be potentially dangerous or vicious, certain remedies, up to and including destruction, may be demanded by the City.

C. The hearing shall be held promptly within no less than five working days nor more than ten working days after service of notice upon the owner or keeper of the animal.

D. The Superintendent of the Animal Shelter, or their designee, hereinafter referred to as the Hearing Officer, shall preside over the administrative hearing. The hearing shall be open to the public. At the administrative hearing, the owner or keeper of the animal may present evidence as to why the animal in question should not be declared potentially dangerous or vicious. Failure by the owner or keeper to appear at the hearing results in forfeiture of the privilege to present evidence. The Hearing Officer shall hear and consider all relevant evidence, objections or protests and shall receive testimony under oath relative to the alleged potentially dangerous and/or vicious 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 animal in question is potentially dangerous or vicious and may make other orders authorized by this article. The hearing may be continued from time to time.

E. If the animal in question is found to be potentially dangerous and/or vicious as defined by Burbank Municipal Code section 5-1-1602 et seq., the Hearing Officer may issue any one or more of the following orders:

The animal shall be properly licensed by the Animal Shelter and vaccinated against rabies. The Animal Shelter shall include the potentially dangerous or vicious designation in the registration records of the animal. The Animal Shelter may charge a potentially dangerous animal registration fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal.
The animal shall be maintained on the owner or keeper’s property, or property occupied by the owner or keeper, hereinafter referred to as the Premises, and shall, at all times, be kept indoors, or in a secure enclosure with a secondary perimeter fenced yard from which the animal cannot escape, and into which children cannot trespass. The animal may not be allowed off the Premises unless it is restrained by a substantial leash, of a fixed length of no more than six feet, humanely muzzled, and under the immediate control of a responsible adult capable of restraining the animal. In the event that the animal escapes from the Premises, the owner or keeper shall immediately notify the City’s Animal Shelter.
If the animal in question dies or is sold, transferred, or permanently removed from the City, the owner or keeper shall notify the City of the changed condition and new location of the animal, in writing, within two business days of the changed condition.
An animal determined to be vicious may be destroyed by the Animal Shelter when it is found, after proceedings set forth in this article, that the release of the animal would create a significant threat to the public health, safety, and welfare.
The owner or keeper may be prohibited by the City from owning, possessing, controlling, or having custody of any animal for a period of up to three years, when it is found, after proceedings set forth in this article, that ownership or possession of an animal by that person would create a significant threat to the public health, safety, and welfare.
The owner or keeper shall pay any and all costs incurred by the City in the administration of the processes set forth in this article, including but not limited to, costs incurred by the City for housing, maintaining, feeding and providing care, including medical care for the animal during such time as the animal is in the custody of the City.
The owner or keeper may be mandated to spay or neuter the animal, as applicable.
The owner or keeper may be ordered to attend animal training/handling classes and submit proof of enrollment and attendance to the Superintendent of the Animal Shelter, or their designee.
The owner or keeper may be required to provide evidence to the Superintendent of the Animal Shelter, or their designee, of insurance coverage of no less than $100,000.00 for combined claims of bodily injury to, or death of, any person, or for damage to property owned by any other person, which may result from the ownership, keeping, or maintenance of the animal, regardless of whether the animal is on the Premises or not.
The owner or keeper of the animal may be required to provide a permanent identification by means of an implanted microchip that shall be registered with the City’s Animal Shelter. A photograph of the animal may also be required to be kept on record for identification, in addition to registration as a potentially dangerous animal.

F. If it is determined that an animal in question is found to be potentially dangerous, but shall not be destroyed, the Hearing Officer shall impose any other conditions upon the ownership of the animal that are reasonably necessary to protect the public health, safety, and welfare.

G. If the Hearing Officer finds by a preponderance of evidence that the animal which is the subject of the hearing is potentially dangerous and/or vicious, the Hearing Officer shall prepare findings and an order, which shall specify and make specific orders with respect to the animal as authorized by this article. A copy of the findings and order shall be served to the owner or keeper of the animal either personally or by first class postage prepaid no later than ten business days after the conclusion of the hearing. Service shall be deemed complete at the time notice is personally served or deposited in the mail. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1604: COMPLIANCE WITH THE HEARING OFFICER’S ORDER:

A. If a determination is made that an animal is potentially dangerous or vicious, the owner or keeper of the animal shall comply with the requirements set forth in section 5-1-1603 subsection E in accordance with a time schedule established by the Hearing Officer, but in no case more than 30 days after the date of the determination or 35 days if notice of the determination is mailed to the owner or keeper of the animal.

B. As a condition of maintaining a potentially dangerous or vicious animal, its owner or keeper shall allow access to the City’s Animal Shelter personnel to inspect the Premises to ensure compliance with the provisions of this chapter between the hours of 9:00 a.m. and 9:00 p.m. on any day of the week. Prior notification of the inspection to the owner or keeper of the potentially dangerous or vicious animal shall not be required. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1605: APPEAL PROCEDURE:

A. If the owner or keeper of the animal contests the determination, they may, within five days of the receipt of the notice of determination, appeal the decision of the Hearing Officer to the Superior Court pursuant to Food and Agriculture Code 31622(a). The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code. The owner or keeper of the animal shall serve personally or by first-class mail postage prepaid, notice of the appeal upon the City by notifying the Superintendent of the City’s Animal Shelter.

B. The court hearing the appeal shall, pursuant to Food and Agriculture Code section 31622(b), conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized under Food and Agriculture sections 31601 et seq., based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Food and Agriculture Code section 31621. The court hearing the appeal may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The issue shall be decided upon the preponderance of the evidence. If the court hearing the appeal rules the animal to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with Food and Agriculture sections 31601 et seq. and this article, but in no case more than 30 days subsequent to the date of the court’s determination or 35 days if the service of the judgment is by first-class mail.

C. The determination of the court hearing the appeal shall be final and conclusive upon all parties. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1606: APPEARANCE OF THE OWNER OR KEEPER NOT REQUIRED TO MAKE ORDERS:

The Hearing Office or the court hearing the appeal may decide all issues for or against the owner or keeper of the animal even if the owner or keeper fails to appear at a hearing. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1607: AUTHORITY TO SEIZE ANIMAL POSING IMMEDIATE THREAT TO PUBLIC SAFETY:

A. If, upon investigation, it is determined by an Investigating Officer that probable cause exists to believe that an animal poses an immediate threat to public safety, then the Investigating Officer may seize and impound the animal pending the hearings to be held pursuant to this article. The owner or keeper of the animal shall be liable to the City for the costs and expenses of keeping the animal if the animal is later adjudicated potentially dangerous or vicious.

B. When an animal has been impounded pursuant to subsection A above, and it is not contrary to public safety, the Superintendent of the Animal Shelter may permit the animal to be confined at the owner’s expense in a City-approved kennel or veterinary facility. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1608: RELINQUISHING AN ANIMAL:

At any time prior to or after an administrative hearing to determine if an animal should be declared potentially dangerous or vicious, or at any time prior to or after an appeal hearing, the owner or keeper may request to relinquish ownership of the animal in question to the City. Upon relinquishment of an animal, the owner of that animal shall present sufficient identification to establish their ownership of the animal and shall sign a statement that they are the lawful owner of the animal. The owner or keeper shall be responsible for all applicable fees regarding the costs associated with the investigation and costs associated with boarding and caring for the animal during impoundment. At no time shall the animal be humanely euthanized until all mandated hold periods have been satisfied upon relinquishment of ownership of the animal in question. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1609: ANIMALS FOUND BY ANOTHER JURISDICTION TO BE POTENTIALLY DANGEROUS OR VICIOUS:

The owner or keeper of an animal which has previously been determined to be potentially dangerous after an administrative hearing or judicial hearing by another jurisdiction shall notify the City, in writing, within two business days, of any intention to keep, own, or harbor the animal in the City, and shall provide any documentation requested by the City Animal Shelter, including, but not limited to copies of prior orders issued by an administrative hearing officer or a court. No animal which has previously been determined to be vicious after an administrative hearing or judicial hearing by another jurisdiction will be allowed to be kept, owned, or harbored in the City. Any notice by the City’s Animal Shelter to remove, abate or destroy any animal owned, harbored, or maintained in violation of this section may be appealed to the Superintendent of the City’s Animal Shelter, or their designee, by filing a written statement setting forth the factual basis for the appeal within ten business days from the date the notice was served on the owner or keeper of the animal. The date of service is the day the notice was personally served, or deposited in the mail by the Animal Shelter. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1610: FINES AND OTHER PENALTIES:

A. Any violation of this article, including a failure to permit inspection as set forth in section 5-1-1604 subsection B, involving a potentially dangerous animal, shall be punished by a fine not to exceed five hundred dollars ($500). Any violation of this article, including a failure to permit inspection as set forth in section 5-1-1604 subsection B, involving a vicious animal, shall be punished by a fine not to exceed one thousand dollars ($1,000). All fines paid pursuant to this article shall be paid to the City for the purpose of defraying the cost of the implementation of this article.

B. Nothing in this article shall prevent the City from initiating a civil, criminal, or other legal or equitable proceeding for a violation of this chapter. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1611: EFFECTIVE DATE:

This ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

1 State law reference: As to poundmaster (Animal Shelter Superintendent), see Gov.C. § 27822; Pen.C. §§ 597f, 599e.

2 State law reference: Peace officer may enter and arrest where animal fighting occurs or is about to occur, Pen.C. § 597d; right to enter and supply food and water to an impounded animal, Pen.C. § 597e; humane officer’s right to enter high altitude decompression or carbon monoxide gas chamber for inspection, Pen.C. § 597z; seizure of birds and animals used in violation of law, Pen.C. § 599a; right of Director of Agriculture to enter premises and inspect animals believed to have contagious disease, Agric.C. § 9531; right of entry to enforce rabies regulations, Health & S.C. § 1908.

3 State law reference: As to peace officer impounding dogs running at large, see Agric.C. § 31101.

4 State law reference: As to spaying and neutering of dogs and cats, see Food & Agric.C §§ 30503, 31751.

5 State law reference: As to authority for local regulation, see Fish & G.C. § 2156; as to importing and transporting wild animals generally, Fish & G.C. §§ 2116-2272.

6 State law reference: Duty to quarantine, Food & Agric.C. §§ 9561 and 9562.

7 State law reference: As to rabies control, see Health & S.C. §§ 1900-1924 and 17 Cal.Adm.Code §§ 2606-2606.6.

8 State law reference: As to wearing metal tag, see Agric.C. § 30951.

9 State law reference: Registration of docked horse, see Pen.C. § 597p.

10 State law reference: As to animals cruelly treated and abandoned, see Pen.C. §§ 597f and 597s.

11 State law reference: As to lack of food and water, see Pen.C. § 597e.

12 State law reference: Duty to unload and exercise animals confined in motor truck, Agric.C. § 16908.

13 State law reference: As to cruelty to animals, see Pen.C. § 286.5 (sexually assaulting animals), § 596 (wilful poisoning), § 597 (maliciously maiming, wounding, torturing, mutilating, or killing), § 597.5 (fighting dogs), § 597a (transporting in cruel and inhumane manner and subjecting to unnecessary torture, suffering, or cruelty), § 597b (fighting animals or birds), § 597c (owning, keeping, or training animal or bird for fighting), § 597e (failure to provide proper food, drink, shelter, or protection from the weather), § 597f (permitting to go without proper care and attention), § 597g (poling a horse), § 597h (attaching live animal to a moving machine or device to be pursued by a dog), § 597i and j (cockfighting), § 597k (attaching bristle spur to a horse), § 597l (pet shops), § 597m (bullfight exhibitions), § 597n and § 599d (docking tail of horse), § 597s (wilful abandonment of dog or cat), § 597t (entanglement or injury by leash or rope), § 597u, v, w, and y (cruelly killing by carbon monoxide gas, chloroform, inoculation or high altitude decompression chamber), § 598 (killing birds in cemeteries), § 598a (killing dog or cat for pelt), § 599 (offering or dyeing chicks, rabbits, ducklings or other fowl as prizes or for sale or display).

State law reference. Use of animals for research, Agric.C. § 32000.

Federal law reference. Use of animals for research 7 U.S.C.S., § 2131 et seq.

14 State law reference: As to entanglement by leash, see Pen.C. § 597t.

15 State law reference: Unlawful to allow any stallion to run at large, Agric.C. §§ 16702 and 16703. Unlawful to allow female dog in heat to run at large, Agric.C. § 30954.

16 State law reference: Animals dying from a contagious disease must be immediately cremated or buried, Agric.C. §§ 9141 and 9142.

17 State law reference: See Title 9, Chapter 3 of this code on environmental control.

18 State law reference: Duty of pounds, humane societies and animal regulation departments of public agencies to provide veterinary care for injured dogs and cats, Pen.C. § 597f. Procedure for killing dog or cat by approved methods, Pen.C. §§ 597u, 597v, and 597w.

19 State law reference: Unlawful to burn carcass, Health & S.C. § 4303.

20 Code reference: See Subsections 10-1-2408E5, E6 and H of this code for stable and corral setback in an R-1-H Zone and for requirement that a stable must be provided for horses in such zone; also Section 10-1-2410 of this code for limit on number of horses kept in an R-1-H Zone and for requirement that a permit be obtained to keep a horse in such zone.

21 State law reference: For regulations pertaining to horse shows, see Food & Agric.C. §§ 24000-24018. Unlawful to confine horses of the opposite sex in the same enclosure open to public view, Food & Agric.C. §§ 16701 and 16703.

Code reference: For regulation on cleaning and disinfecting stables, see §§ 5-1-601 and 5-1-602 of this chapter. As to noise, dust, and odors constituting public nuisance, see § 5-1-1106.

22 Code reference: As to finish of floors and walls in sanitary facilities, see Uniform Building Code § 1711(a) adopted by reference, 9-1-2 of this Municipal Code.

23 State law reference: For regulations pertaining to pet shops, see Pen.C. § 597L.