Citrus Heights Municipal Code Art. VIII Vicious Animals

The purpose of this Article is to regulate the keeping of animals which are potentially vicious or involve a threat to the safety of people and other animals on streets, sidewalks, and private property where the animals are not properly maintained as such animals constitute a serious hazard within the City of Citrus Heights. The increasing tendency to maintain dogs which, by virtue of breeding or training, have a propensity to attack others compounds the hazard. Specific injuries to innocent persons resulting from attacks by animals illustrate the need for regulation which reduces the safety hazard.

Every owner of an animal is held strictly accountable for the exercise of such control over the animal as necessary to insure that the animal does not injure innocent human beings or other animals who are not on the premises where the animal is maintained. Such strict accountability is hereby imposed whether or not the injury results from the negligence or other fault of the owner, and regardless of the degree of precaution or control exercised by the owner.

(Ord. No. 2012-002, § 1, 2-9-2012)

Any owner of any animal is deemed responsible for the acts committed by that animal when the owner has failed to comply with the legal requirements for the keeping of that animal as defined in this Chapter. No person shall permit or suffer an animal to act in such a manner as constitutes vicious behavior as defined in Section 8-29 of this Chapter.

A violation of any of the provisions of this Article is punishable as otherwise provided in this Code and as follows:

Any animal owner who maintains any animal in such a manner as to permit or suffer it to exhibit vicious behavior shall be guilty of a misdemeanor.

Nothing in this Article shall prevent prosecution for violations of other statutes or codes which may deal with other or more specific offenses, including, but not limited to, penal and civil statutes.

(Ord. No. 2012-002, § 1, 2-9-2012)

No animal held in custody by the Chief of Animal Services which is known to have exhibited vicious behavior as defined in this Chapter shall be released for sale to any member of the public but rather shall be destroyed upon exhaustion of the required period of impoundment unless legally reclaimed by the owner.

(Ord. No. 2012-002, § 1, 2-9-2012)

No animal which has been declared vicious or against which a vicious animal affidavit has been filed may be impounded or quarantined at any place other than the Animal Control Center unless authorized by the Chief of Animal Services.

(Ord. No. 2012-002, § 1, 2-9-2012)

Any person, including employees of Animal Services, possessing personal knowledge of facts that there exists a vicious or dangerous animal within the City of Citrus Heights served by the Chief of Animal Services may file with the Chief of Animal Services a written affidavit, signed under penalty of perjury, which contains the following facts:

1. A description of the offending animal including, to the extent known, the color, size, sex, breed and name of the animal, and the name and address of the owner of the animal;

2. An assertion that the animal described is a vicious animal within the meaning of Section 8-27 or a dangerous animal within the meaning of Section 8-28, together with a statement of the facts upon which the assertion is based, including the name and address of any person who has been victimized or injured by the animal or the name and address of the owner of any animal that has been injured, including a description of the extent of the injuries, the names and addresses of any witnesses thereto, the time, date, and location of any incident related to the assertion, and an explanation of how the personal knowledge of the affiant was acquired; and

3. The name, residential and occupational addresses and telephone numbers of the affiant.

(Ord. No. 2012-002, § 1, 2-9-2012)

Unless otherwise provided, the filing of a vicious or dangerous animal affidavit must be made within 30 calendar days of the most recent event or circumstances occasioning the affidavit. Upon evidence that good cause exists that the affidavit could not be filed within 30 calendar days, the Chief of Animal Services may extend the deadline for filing of the affidavit.

(Ord. No. 2012-002, § 1, 2-9-2012)

Upon receipt by the Chief of Animal Services of an affidavit filed in compliance with Section 8-154 and Section 8-155 of this Chapter, the Chief of Animal Services shall initiate an investigation of the incident or incidents described in the affidavit for the purpose of verifying the facts stated or obtaining other information. The investigation shall be completed no later than seven business days after the date the affidavit is filed. If after an investigation, the identified facts show the existence of a vicious animal within the meaning of Section 8-27 or a dangerous animal within the meaning of Section 8-28 of this Chapter, the Chief of Animal Services shall locate and impound the animal which is the subject of the charges within 48 hours of the date the investigation is completed.

(Ord. No. 2012-002, § 1, 2-9-2012)

Not later than 14 calendar days after the impoundment of a purportedly vicious or dangerous animal, or at such time as is determined by the Chief of Animal Services, the Chief of Animal Services shall either personally serve upon or mail to the residential address of the owner of the animal and the affiant the following:

1. A written notice of the time, date, and place of the hearing prescribed by Chapter 8 Article IX of this Chapter, the date of said hearing to be scheduled not earlier than 14 calendar days following the date of personal service or deposit in the United States mail of the notice;

2. A copy of the affidavit filed pursuant to Section 8-154 and Section 8-155; and

3. A copy of the provisions of this Section.

Conversely, if, or after an investigation, the identified facts show that cause to conduct a vicious or dangerous animal hearing has not been shown, the Chief of Animal Services shall so notify the affiant and the animal owner in writing.

(Ord. No. 2012-002, § 1, 2-9-2012)

At the discretion of the Chief of Animal Services, any animal impounded or quarantined pursuant to the provisions of this Chapter may be returned to the custody of its owner pending the conduct of the vicious animal hearing and the rendering of a decision by the Hearing Officer provided such return is determined to pose no threat to public health and safety.

The owner, if authorized by the Chief of Animal Services, may gain custody of the animal by posting a bond in the amount of $1,000.00 or such greater amount as is justified in writing and approved by the Chief of Animal Services as necessary to assure the return of the animal or by furnishing other security upon review and approval by the City Attorney, which bond or other security shall be forfeited in the event the animal is not delivered into the custody of the Chief of Animal Services if so ordered in the decision rendered by the Hearing Officer.

(Ord. No. 2012-002, § 1, 2-9-2012)

Any animal which has been declared by the Hearing Officer to be vicious within the meaning of Section 8-27 or dangerous within the meaning of Section 8-28 shall be subject to special registration requirements as follows:

1. An owner of a vicious or dangerous animal is required to pay, in addition to any required licensing or permit fee, an annual special registration fee (as applicable) which shall be valid and renewable concurrent with the effective dates of the licensing of the animal. Late registration is subject to a penalty fee equal to the annual special registration fee;

2. An owner of a vicious or dangerous animal shall allow the Division of Animal Services to implant a microchip under the skin of the animal prior to release to the owner in order to identify the animal as a vicious or dangerous animal. The microchip number shall be added to the City, County and national register for microchipped animals. The owner of a vicious or dangerous animal shall reimburse the Division for the cost of microchipping and registration.

(Ord. No. 2012-002, § 1, 2-9-2012)

Except as otherwise provided in the decision rendered by the Hearing Officer, the keeping of an animal which has been declared dangerous shall, at a minimum, be subject to the following provisions:

1. The animal shall be properly licensed and vaccinated. The Chief of Animal Services shall include the dangerous designation in the records of the animal, either after the owner or keeper of the animal has agreed to the designation or a hearing officer has determined the designation applies to the animal.

2. If the animal in question dies, or is sold, transferred, or permanently removed from the city where the owner or keeper resides, the owner of a dangerous animal shall notify the Division of the changed condition and new location of the animal in writing within two working days.

3. If there are no additional instances of the behavior described in Section 8-28 within a 36-month period from the date of designation as a dangerous animal, the animal shall be removed from the list of dangerous animals. The animal may, but is not required to be, removed from the list of dangerous animals prior to the expiration of the 36-month period if the owner or keeper of the dog demonstrates to the Chief of Animal Services that changes in circumstances or measures taken by the owner or keeper, such as training of the animal, have mitigated the risk to the public safety.

All costs associated with these provisions or any other or additional provisions ordered by the Hearing Officer shall be borne by the owner of the animal which has been declared to be dangerous.

(Ord. No. 2012-002, § 1, 2-9-2012)

1. An animal determined to be a vicious within the meaning of Section 8-27 may be destroyed by the Chief of Animal Services when it is found, after proceedings conducted under Section 8-174, that the release of the animal would create a significant threat to the public health, safety, and welfare.

2. If it is determined that an animal found to be vicious shall not be destroyed, the hearing officer shall impose conditions upon the ownership of the animal that protect the public health, safety, and welfare.

(Ord. No. 2012-002, § 1, 2-9-2012)