Calaveras County Municipal Code Ch. 6.12 Potentially Dangerous and Vicious Dogs

The purpose of this chapter is to implement a program for the control of potentially dangerous and vicious dogs pursuant to and consistent with Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agricultural Code. This chapter does not apply to licensed kennels, humane society shelters, the county animal shelter, veterinarians, or to dogs while utilized by any police department or any law enforcement officer in the performance of police work.

(Ord. 2641 (part), 2001).

If after investigation, it is determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the director shall petition the superior court for a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the director to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The owner of the dog shall be notified that a hearing will be held by the superior court at which time such owner may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. 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 of the dog. The hearing shall be open to the public. The court may admit into evidence 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. A jury shall not be available. The court may find, upon preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter and state law. The court may decide all issues for or against the owner of the dog even if such owner fails to appear at the hearing.

(Ord. 2745 § 1(part), 2004: Ord. 2641 (part), 2001).

A. After the hearing conducted pursuant to Section 6.12.020, the owner of the dog shall be notified in writing of the determination and orders issued by the court, either personally or by first-class mail, postage prepaid, by the court. If a determination is made that the dog is potentially dangerous or vicious, the owner of the dog shall comply with this chapter and state law in accordance with a time schedule established by the director, but in no case more than thirty days after the date of the determination is mailed to such owner. If the director or such owner may, within five days of the receipt of the notice of determination, appeal the decision to the appeals department of the superior court. The fee for filing an appeal shall be as set forth in subdivision (a) of Food and Agricultural Code Section 31622 or its successor, payable to the county clerk. The director or the owner of the dog shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party.

B. The superior court shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized by this chapter and state law, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Section 6.12.020 and subsection (A) of this section. The court may admit all relevant evidence, including incident reports and 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 rules the dog to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with this chapter and state law, but in no case more than thirty days subsequent to the date of the court's determination or thirty-five days if the service of the judgment is by first-class mail. The court may decide all issues for or against the owner of the dog even if such owner fails to appear at the hearing. The determination of the court shall be final and conclusive upon all parties.

(Ord. 2745 § 1(part), 2004: Ord. 2641 (part), 2001).

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

B. When a dog has been impounded pursuant to subsection A of this section and it is not contrary to public safety, the director shall permit the dog to be confined at the owner's expense in a commercial kennel or veterinary facility approved by the director.

(Ord. 2641 (part), 2001).

A. No dog may be declared potentially dangerous or vicious if any injury or damage is 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 of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog 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 dog.

B. No dog may be declared potentially dangerous or vicious 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 property of, or under the control of, its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(Ord. 2641 (part), 2001).

A. A dog determined to be a potentially dangerous dog, either after the owner of the dog has agreed to the designation or the court has determined the designation applies to the dog, shall be placed on a list of potentially dangerous dogs by the director and shall be maintained by the owner as follows:

1. A potentially dangerous dog shall be properly licensed and vaccinated. The director shall include the potentially dangerous designation in the registration records of the dog, and shall charge a potentially dangerous dog fee, the amount of which shall be established by resolution of the board in addition to the required license fee. In addition, a potentially dangerous dog shall be micro-chipped at the owner's expense. The owner is required to provide the chip number to animal services and provide proof the chip number has been registered with the micro-chip company. An animal services officer has the right to scan the dog in question to verify the implantation of a micro-chip and to confirm the micro-chip number provided by the owner matches the scanned micro-chip implanted in the potentially dangerous dog.

2. Upon the issuance of a notice of determination that a dog is potentially dangerous, as a condition of allowing the owner to take or retain custody of the dog, the director may require the owner to provide proof of general liability insurance for injury or death to any person or animal in an amount of not less than one million dollars, nor more than five million dollars. Said insurance shall remain in full force and effect for as long as the owner maintains custody of the potentially dangerous dog or until the dog is removed from the list of potentially dangerous dogs as provided in Subsection B. of this section.

3. A potentially dangerous dog, while on the owner's premises, shall at all times be kept indoors, or in a secure enclosure. A potentially dangerous dog may be off the owner's premises only if it is restrained by a substantial leash not exceeding six feet in length and it is under the control of a responsible adult.

4. If a potentially dangerous dog dies, or is sold, transferred, or permanently removed from the county, the owner shall notify the director of the changed conditions and new location of the dog in writing within two working days after such change.

B. If there are not additional instances of the behavior described under potentially dangerous dog in Section 6.04.030 of this title within a thirty-six-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs by the director. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the thirty-six month period if the owner of the dog demonstrates to the satisfaction of the director that changes in circumstances or measures taken by such owner, such as training of the dog, have mitigated the risk to public safety.

(Ord. 2641 (part), 2001).

(Ord. No. 2949, § 1, 5-13-2008).

A. A dog determined to be a vicious dog may be humanely destroyed by the director when it is found, after proceedings conducted pursuant to this chapter, 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 shall not be destroyed, the court shall impose conditions upon the ownership of the dog that protects the public's health, safety, and welfare, including reserving jurisdiction to order destruction of the dog upon any further violation of this chapter or state law. Any enclosure that is required as a condition of ownership shall be a secure enclosure. A vicious dog shall be properly licensed and vaccinated. The director shall include the vicious designation in the registration records of the dog, and shall charge a vicious dog fee, the amount of which shall be established by resolution of the board, in addition to the required license fee. Furthermore, a vicious dog shall be micro-chipped at the owner's expense. The owner is required to provide the chip number to animal services and provide proof the chip number has been registered with the micro-chip company. An animal services officer has the right to scan the dog in question to verify the implantation of a micro-chip and to confirm the micro-chip number provided by the owner matches the scanned micro-chip implanted in the vicious dog.

C. Upon the issuance of notice of determination that a dog is found to be vicious, as a condition of allowing the owner to take or retain custody of the dog, the director may require the owner to provide proof of general liability insurance for injury or death to any person or animal in an amount of not less than one million dollars, nor more than five million dollars. Said insurance shall remain in full force and effect for as long as the owner maintains custody of the vicious dog.

D. No dog determined to be vicious shall be sold, transferred or permanently removed from the county without the written approval of the director and the written approval of the regulating agency of the receiving jurisdiction if applicable. The owner shall notify the director of the changed conditions and new location of the dog in writing within two business days after such change occurs.

E. The owner of a dog determined to be vicious shall notify the director within two business days of the death of such dog.

(Ord. 2641 (part), 2001).

(Ord. No. 2950, § 1, 5-13-2008).

The owner of a dog determined to be a vicious dog shall be prohibited from owning, possessing, controlling or having custody of any dog for a period of three years, when it is found, after proceedings conducted pursuant to this chapter, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

(Ord. 2641 (part), 2001).