Canyon Lake Municipal Code Ch. 10.40 Potentially Dangerous and Vicious Animals

The following words and phrases shall, for the purposes of this Chapter, be defined as follows:

(a) “Defensive Action” means any action taken in order to prevent perceived bodily injury whether such action is minor or actual, and may include striking the animal.

(b) “Potentially Dangerous Animal or Behavior” means any of the following:

(1) 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;

(2) Any animal which, when unprovoked, bites a person causing an injury, whether or not a severe injury; or

(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 by attacking a domestic animal off the property of the owner of the dog.

(c) “Vicious Animal” means any of the following:

(1) Any animal seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner under subdivision (a) of Section 597.5 of the Penal Code;

(2) Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or

(3) Any animal previously determined to be and currently listed as a potentially dangerous animal that, after its owner has been notified of this determination, continues the potentially dangerous behavior or maintains the animal in violation of the restrictions of this Chapter.

(d) “Severe Injury” means any physical injury to a human being that results in muscle tears, disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

(e) “Mitigations” include, but are not limited to, the question of whether any threat, injury or damage is sustained by a person who:

(1) Was willfully trespassing upon the premises occupied by the owner or custodian of the animal at the time of the attack;

(2) Was teasing, provoking, tormenting, abusing, or assaulting the animal at the time of the attack;

(3) Has in the past, teased, tormented, abused or assaulted the animal;

(4) Was engaged in the commission of a crime at the time of the attack; or

(5) Was defending an attack from a person or animal at the time of the attack.

(32-12/92 § 10.12.010) (Am. Ord. 181, passed 5-1-2019)

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

(3212/92 § 10.12.020) (Am. Ord. 181, passed 5-1-2019)

An animal administratively may be determined to be a potentially dangerous animal in the following way:

(a) Upon observation or independent investigation of a potentially dangerous animal or behavior or upon receipt of a complaint(s) signed by a person(s) who actually observed the animal’s potentially dangerous behavior, the Animal Control Officer may investigate or consider any mitigations and whether such behavior by the animal constitutes potentially dangerous behavior;

(b) If the Animal Control Officer determines that such behavior is potentially dangerous, he or she shall notify the owner of the consequences of identification as “potentially dangerous” and schedule an administrative hearing on that determination. The notice shall be served and the hearing shall be conducted as set out in Sections 10.36.020 and 10.36.040. At least one of the complainants in the matter must appear and testify at the hearing or the complaint shall be dismissed. The Hearing Officer specifically shall consider any circumstances of mitigation as well as any record of any prior violations by the owner;

(c) The Hearing Officer shall issue a written determination within ten days after the hearing has been completed; and

(d) The decision of the Hearing Officer shall be final.

(32-12/92 § 10.12.030) (Ord. 166, passed 4-6-2016; Am. Ord. 181, passed 5-1-2019)

A potentially dangerous animal shall be so designated in animal control records. When the owner of the animal has no additional violations of this Chapter within a 12-month period from the date of designation as a potentially dangerous animal, the Animal Control Officer shall remove the animal from the list of potentially dangerous animals, upon written application of the owner and upon proof to the satisfaction of the Animal Control Officer of the successful completion of at least eight weeks of formal obedience training, other similar evidence of training, or other rehabilitative efforts.

(32-12/92 § 10.12.050) (Am. Ord. 181, passed 5-1-2019)

All potentially dangerous animals shall be properly licensed and vaccinated as required by Chapter 10.01. The licensing authority shall include the potentially dangerous designation in the registration records of the animal. The owner shall pay an annual potentially dangerous animal registration fee in addition to the regular licensing fee as set by resolution of the City Council.

(3212/92 § 10.12.060) (Am. Ord. 181, passed 5-1-2019)

A potentially dangerous animal, while on the owner’s property, shall at all times be kept indoors, or in a securely fenced, locked yard from which the animal cannot escape, and which children cannot enter. A potentially dangerous animal may be off the owner’s premises only if it is restrained by a leash of adequate strength to restrain that specific animal and under the control of a responsible adult.

(32-12/92 § 10.12.070) (Ord. 166, passed 4-6-2016)

The owner of a potentially dangerous animal shall notify the Animal Control Officer, in writing, if the animal dies or is sold, transferred or permanently removed from the City.

(32-12/92 § 10.12.080) (Am. Ord. 181, passed 5-1-2019)

An animal may be identified as vicious in the following manner:

(a) The Animal Control Officer may determine, based on his or her observation or investigation, or a verified complaint from persons who have observed the animal and consideration of any applicable mitigations, that the animal is vicious. Where the animal has been identified as potentially dangerous, and the owner has failed to meet any of the requirements of this Chapter, the Animal Control Officer shall determine that the animal is vicious upon a subsequent complaint or his or her observation;

(b) Where the Animal Control Officer makes such a determination, he or she shall set a hearing on such determination and on the seizure and impoundment of the animal pending or based upon such determination;

(c) Notice and hearing shall be given as set out in Sections 10.36.020, 10.36.030 and 10.36.040. The notice shall include the facts which are the basis of the complaint and of the restrictions which will apply to the animal including possible euthanasia if it is classified as a vicious animal; or

(d) If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued. If the hearing is held as a result of a complaint, at least one of the complainants shall appear and testify at the hearing or the action shall be dismissed. The decision may be appealed as set out in Section 10.01.020.

(32-12/92 S 10.12.090) (Am. Ord. 181, passed 5-1-2019)

Where an animal is designated vicious the following requirements shall apply:

(a) All vicious animals shall be properly licensed and vaccinated as required by Chapter 10.01. In addition, the licensing authority shall include a designation of vicious in the registration records of such animal. The owner shall pay an annual vicious animal registration fee, in addition to the regular license fee as set by resolution of the City Council; and

(b) The owner shall, at his or her own expense, keep posted in a conspicuous place at or near the entrance to the premises on which such dog or cat is kept, a sign having letters at least two inches in width and two inches in height reading “Beware of Vicious Dog” or “Beware of Vicious Cat,” as may be appropriate. In addition, a conspicuously colored tag, provided by the Animal Control Officer shall be securely affixed to the animal at all times.

(32-12/92 § 10.12.100) (Ord. 166, passed 4-6-2016; Am. Ord. 181, passed 5-1-2019)

An owner of a vicious animal shall, within ten days of such determination, present said animal at the contracted animal control agency’s facility and allow photographs and measurements of the animal to be taken for purposes of identification.

(32-12/92 § 10.12.110) (Am. Ord. 181, passed 5-1-2019)

A vicious animal shall be securely confined in an enclosure as defined in this Chapter or in the dwelling while on the owner’s or custodian’s property. The owner shall conspicuously display signs with words or symbols warning of the presence of a vicious animal as approved by the Animal Control Officer.

(32-12/92 § 10.12.120) (Ord. 166, passed 4-6-2016; Am. Ord. 181, passed 5-1-2019)

While off the owner’s premises, a vicious animal shall at all times be restrained by a substantial metal or leather chain or leash not exceeding six feet in length, held by and under the control of a responsible adult, and the animal shall wear a muzzle approved by the Animal Control Officer. “Substantial” shall have the same meaning as set out in Section 10.40.070.

(32-12/92 § 10.12.130)

A vicious dog also shall be spayed or neutered, at the owner’s expense, within 30 days of such determination.

(32-12/92 § 10.12.140)

The owner of a vicious animal shall notify the contract animal control provider immediately if said animal is loose, unconfined, has attacked another animal or human being, or has died. A vicious animal shall not be sold, bartered, or given away, or placed in a new home within the City without the prior notification of and approval by the contracted animal control provider. Any new owner must comply with the requirements of this Chapter.

(32-12/92 § 10.12.150) (Am. Ord. 181, passed 5-1-2019)

All requirements for owners of vicious animals must be satisfied within 30 days of the identification and satisfactory proof of compliance provided to the Animal Control Officer. If all requirements for vicious animals are not satisfied within 60 days of the finding, or within an extension of such time granted by the Animal Control Officer in writing, or the owner is unwilling to implement them, the animal may be humanely euthanized either by the Animal Control Officer or by a veterinarian. Proof of euthanasia shall be provided to the Animal Control Officer within three days of its occurrence.

(32-12/92 § 10.12.160) (Am. Ord. 181, passed 5-1-2019)

The Animal Control Officer is authorized to make inspections he or she deems reasonably necessary to ensure compliance with these provisions, subject to the requirements for the owner’s consent or an administrative inspection warrant. The owner of a vicious or potentially dangerous animal shall give consent in writing to such inspection as a condition of retaining the animal.

(32-12/92 § 10.12.170)

(a) If the Animal Control Officer has probable cause to believe an animal may be designated as potentially dangerous or vicious under this Chapter, and the owner is unwilling or unable to correct the situation immediately, and the animal poses an imminent threat to the health or safety of persons or domestic animals, the animal may be seized before a hearing.

(b) Pending the outcome of the hearing or appeal set out in this Chapter or during the period of time the owner requires to comply with any requirements imposed hereunder, the animal shall be kept at an appropriate animal shelter, designated by the Animal Control Officer, at the owner’s expense.

(c) Notwithstanding, the owner may show at the hearing to the satisfaction of the Animal Control Officer that the animal can be humanely and securely confined at home or with a veterinarian designated by the owner.

(32-12/92 § 10.12.180) (Am. Ord. 181, passed 5-1-2019)

Any registered vicious animal shall be immediately impounded by the Animal Control Officer if:

(a) The animal’s registration is not properly maintained;

(b) Inspection by the Animal Control Officer reveals that the animal is not maintained in the required enclosure;

(c) The animal is outside of the dwelling of the owner or the defined enclosure and not under the physical restraint control of a responsible adult; or

(d) Even if the owner is in compliance with the regulations for keeping such a dangerous animal, if the animal again attacks, bites, causes injury, or otherwise threatens the safety of a human being or domestic animal then, thereafter, the animal may be impounded and shall be kept at an appropriate facility designated by the Animal Control Officer at owner’s expense pending the outcome of a hearing and appeal under this Chapter to determine whether the animal is a threat to the public health and safety and must be humanely euthanized or whether the animal can be safely returned to the owner under certain conditions.

(32-12/92 § 10.12.190)

A keeping charge may be assessed against the owner of any animal for each day during which the animal is impounded or held by the Animal Control Officer under the provisions of this Chapter. An animal held under the provisions of this Chapter shall not be released until the owner pays all charges due. If the owner refuses to pay such charges, the animal may be treated as unredeemed by the owner, and disposed of as provided in Section 10.16.030(f). Disposal of the animal does not release the owner from his/her responsibility to pay the keeping charges and such charges may be collected under Section 10.36.050.

(32-12/92 § 10.12.200)

Any person violating any of the provisions of this Chapter is guilty of a misdemeanor.

(32-12/92 § 10.12.210)